Sachin Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 16433 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 10921 of 2022
                                       (SACHIN AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 12-12-2022
                               Shri Ghanshyam Sharma, learned counsel for the appellant.

                               Shri Manoj Kushwaha, learned Panel Lawyer for the respondent

no.1/State.

None for the respondent no.2-Victim despite service of notice.

Call for the trial Court record.

Heard on I.A.No.22351/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 354 of IPC and has been sentenced to undergo R.I for 3 years and fine of Rs.10,000/- with default stipulation vide judgment dated 16.11.2022 passed by 13th ASJ/Special Judge POCSO Act, Bhopal.

Learned counsel for the appellant has submitted that during trial, the appellant was on bail and he has not misused the liberty granted to him by way

of bail. Learned trial Court has suspended the jail sentence till 16.12.2022. It is further submitted that appellant has fair chances to succeed in appeal as learned trial Court has not properly appreciated the evidence of the prosecution witnesses. It is further submitted that a lot of contradictions and omissions have surfaced in the evidence of prosecution witnesses. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the appellant be released on bail. Signature Not Verified Signed by: BIJU BABY Signing time:

12/13/2022 5:25:49 PM

O n the other hand, learned Panel Lawyer for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.22351/2022 is allowed. The execution of jail sentence of appellant- Sachin 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 on 08.05.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

b

Signature Not Verified Signed by: BIJU BABY Signing time:

12/13/2022 5:25:49 PM