Pradeep Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4391 MP

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                   IN THE HIGH COURT OF MADHYA PRADESH
                                AT JABALPUR
                                  CRA No. 1154 of 2022
                  (PRADEEP AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 29-03-2022
      Mr. Prashant Singh Baghel, learned counsel for the appellant.

      Mr. Santosh Yadav, learned Dy. Government Advocate for the State.
      Though served none for the respondent No.2.

Heard on admission.

Appeal seems to be arguable, therefore, admitted for hearing.

Heard on I.A. No.1839/2022 which is first application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment and conviction dated 07.01.2022 passed by Additional Sessions Judge, Berasiya, Bhopal in Special Case No.14/2021 whereby the appellant has been convicted for offences punishable under Section 9 (n)/10 and Section 11 (IV)/12 of the Protection of Children from Sexual Offences Act and has been sentenced to undergo RI for five year and one year with fine of Rs.1,000/- and Rs.500/-, respectively and default stipulations.

Learned counsel for the appellant submits that the findings recorded by the trial

Court are perverse in the impugned judgment. The trial Court has not considered the evidence on record. It is contended that there was only allegation that the appellant caught hold of hand of the prosecutrix. The trial Court has not considered material contradictions and omissions in the statements of the witnesses. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and they may be released on bail.

Learned Deputy Government Advocate has opposed the application for suspension of sentence and grant of bail.

Looking to the nature of offence and the findings recorded by the trial Court, it is deemed appropriate to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merits of the case, this application (I.A. No.1839/2022) is allowed.

I t is directed that execution of remaining jail sentence of the appellant, namely, Pradeep Ahirwar shall remain suspended and he shall be released on bail on his furnishing a

personal bond in a sum of Rs. 40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court on 04.08.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

List the case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.30 05:47:03

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