Sonu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21095 MP

Madhya Pradesh High Court

Sonu Ahirwar vs The State Of Madhya Pradesh on 12 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 7986 of 2023
                                   (SONU AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 12-12-2023
                                 Shri Anurag Shivhare - Advocate for appellants.

                                 Ms. Shakti Tripathi - Panel Lawyer for respondent No.1/State.

Shri R.K. Pandey - Advocate for the respondent No.2.

Heard on admission.

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

Also heard on I.A.No.14570/2023, which is the first application under Section 389(1) of the Cr.P.C. filed on behalf of appellants for suspension of sentence and grant of bail.

The appellants have been convicted and sentenced as mentioned in the impugned judgment dated 15/06/2023 passed by Special Judge (POCSO Act) and IX Additional Sessions Judge, Sagar, District Sagar in Special Case No.7/2022.

Learned counsel for the appellants submitted that the trial Court has wrongly convicted the appellants for the aforesaid offence. There are several

omissions and contradictions in the evidence adduced by the prosecution witnesses. The appellants are in custody since the date of judgment i.e. 15/06/2023, hence he prayed for suspension of jail sentence and release the appellant son bail as final hearing of this appeal will take time.

O n the other hand, learned counsel for the respondent/State as well as respondent No.2/objector opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned

counsel for the appellants and the fact that the appellants are in custody since the date of judgment i.e. 15/06/2023 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellants shall remain suspended during pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 24/01/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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