Sonu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 2260 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                    CRA No. 264 of 2022
                                                        (SONU AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 08-02-2023
                                          Shri M.K. Mishra - Advocate for the appellant.

                                          Shri Sheshmani Mishra - Panel Lawyer for the respondent - State.

Heard on I.A. No.24274 of 2022, which is third application filed on behalf of the appellant for suspension of sentence and grant of bail. His first application for suspension of sentence was dismissed as withdrawn vide order

dated 11.04.2022 and second application I.A. No.11427 of 2022 was dismissed on merits on 28.06.2022.

The appellant has been convicted by the impugned judgment passed by the trial Court under Section 9/10 of the Protection of Children from Sexual Offences Act and under Section 323 of IPC (on three counts) and sentenced to R.I for 5 years with fine of Rs.2000/- and R.I. for six months (on each count) with fine of Rs.1000/- (on each count), respectively with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on

record. During the trial, the appellant was on bail. Appellant is in custody since 30.12.2021 and disposal of this appeal will take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

Heard learned counsel for the parties and perused the record. The appellant is in custody since 30.12.2021 and final disposal of this appeal would take more time. Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Hence, keeping in view mainly custody period of the appellant, without commenting on Date: 2023.02.10 14:10:18 IST

merits of the case, I deem it 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 is allowed.

It is directed that execution of remaining jail sentence of the appellant - Sonu 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 a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the Trial Court on 24.07.2023 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

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.02.10 14:10:18 IST