PREM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on admission. This appeal seems to be arguable, hence, admitted for final hearing. Also heard on I.A No.7130/2024 which is an application under Sec. 389 of Cr.P.C for suspension of sentence moved on behalf of appellants.

(2.) Appellant has been convicted for offence under Ss. 342 of IPC and under Sec. 7/8 of POCSO Act and sentenced to undergo 1 year SI, 03 years SI with fine and default stipulations. Learned counsel for the appellants submits that the appellant is innocent and has been falsely implicated in the matter. The jail sentences of the appellant has been suspended by the Trial Court and during bail they did not misuse the liberty granted to them. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence be allowed. Learned counsel for the State on the other hand has opposed the application and prays for its rejection.

(3.) In due consideration of the submissions made on behalf of the appellant, o n perusal of the record and looking to the fact that the jail sentences of the appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellants. Accordingly, application filed on behalf of appellants is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellant in the sum of Rs.50,000.00 (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned Registry of this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.