Madhya Pradesh High Court
Akash Ahirwar vs The State Of Madhya Pradesh on 5 December, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9729 of 2022
(AKASH AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 05-12-2022
Shri Vishal Daniel, learned counsel for the appellant.
Shri Somesh Gupta, learned Panel Lawyer for the respondent/State.
Shri Quazi Fakkhruddin, learned counsel with victim/ prosecutrix.
Heard on I.A. No.22680/2022 and I.A. No.10439/2022.
On due consideration, both the applications are allowed and documents
filed there with are taken on record.
Heard on I.A. No.20653/2022, application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant- Akash
Ahirwar pending the appeal.
Appellant has been convicted for commission of offence under Section
376(1) of IPC and Section 3/4 of POCSO Act, 2012 and under Section 376(1)
of IPC and has been sentenced to undergo 10 years RI and fine of Rs.10,000/-
with default stipulation vide judgment dated 20.10.2022 passed in Special Case
No.54/2019 by Special Judge, POCSO Act, District Tikamgarh in Spl. Case
No.54/2019 (State of M.P. Vs. Akash Ahirwar).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been falsely implicated. He has already
solemnized marriage with the victim. At present, victim is carrying eight months
pregnancy and there is no one in the family to take care of her. Learned counsel
for the appellant has taken me through evidence of the prosecutrix and her
parents PW-1 and PW-4 and has submitted that in their evidence before the trial
Court, prosecutrix's parents have stated that at the time of commission of
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 12/6/2022
11:11:46 AM
offence, her daughter was above 18 years of age. Prosecutrix herself has not
corroborated the prosecution story before the trial Court. The final hearing of
this appeal will take time. Custody of the appellant will cause more harm.
Therefore, it has been prayed that the execution of jail sentence of appellant be
suspended and he be released on bail.
In addition, learned counsel for the prosecutrix has contended that
prosecutrix is present in the Court and she wanted that her appellant/husband be
released from jail.
On the other hand, learned Panel Lawyer for the respondent/State has
opposed the grant of bail to the appellant.
I have heard the learned counsel for the parties and perused the record.
Considering the fact that at present, prosecutrix is carrying more than
eight months pregnancy and as per contention she has duly married with the
appellant. I am of the view that it is a case in which remaining jail sentence of the
appellant may be suspended.
Consequently, I.A. No.20653/2022 is allowed. The execution of jail
sentence of appellant- Akash Ahirwar is hereby suspended subject to
depositing the fine amount, (if not already deposited). It is directed that the
appellant be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court Special Judge POCSO Act, District Tikamgarh on
10.04.2023 and also on such other dates, as may be fixed by that Court in this
regard during the pendency of this appeal.
List this appeal for argument on admission after receipt of record.
Certified copy as per rules.
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 12/6/2022
11:11:46 AM
(DINESH KUMAR PALIWAL)
JUDGE
AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 12/6/2022
11:11:46 AM
