Naresh Parihar vs The State Of Madhya Pradesh
2023 Latest Caselaw 6305 MP

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   IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                           CRA-4302-2023
       (NARESH PARIHAR Vs . STATE OF MADHYA PRADESH)

DATED:- 19-04-2023

      Shri Ravi Gupta - Advocate for the appellant.
      Shri      R.K.   Awasthi-     Public       Prosecutor   for     the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of the respondent/State.

Record of the trial Court is available.

Also heard on I.A. No.5623/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant - Naresh Parihar.

This appeal has been preferred against the judgment dated 13/03//2023 passed by Special Judge (POCSO), District- Datia (M.P.) in Special Case No.15/2020, whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

3/4 of POCSO Act 10 Years RI 10,000/- 3 Years RI Prosecution story, in short, is that complainant lodged the report

at Police Station- Pandokhar, District- Datia (M.P.) that on 21/04/2020 at about 10:00 PM, he alongwith his wife and children slept after taking dinner and her daughter/prosecutrix was sleeping in the mud house. At about 2:00 AM, complainant awoke and found that her daughter was missing. He expressed the doubt that somebody had taken his daughter by persuading her. Thereafter, prosecutrix was recovered on 07/06/2020 and her statement was recorded. She was sent for medical examination and she was found pregnant. On the basis of her statement, appellant was implicated in this case. Thereafter, FIR was registered against the appellant. Appellant was arrested and after investigation, charge-sheet has been submitted. Trial was conducted and after completion of trial, appellant was convicted for the aforesaid offence.

Learned counsel for the appellant submits that appellant is a youth of 21 years of age and he has been falsely implicated in this case. He is not concerned with the case directly or indirectly. The appellant has been wrongly convicted by the learned trial Court. The appellant was on bail during trial and he has not misused the liberty granted to him. During trial, appellant remained in custody for about 60 days and now he is in custody from the date of passing of impugned judgment i.e 13/03/2023. The appellant is a permanent resident of District- Shivpuri (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellant be released on

bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.5623/2023 is allowed.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

IA No.5623/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c

PARIHAR de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.20 11:54:21 +05'30'