Bunty Ahirwaar vs The State Of Madhya Pradesh
2023 Latest Caselaw 2291 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 2096 of 2023
                                     (BUNTY AHIRWAAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 08-02-2023
                               Ms. Mehul Shukla - Advocate for appellant.

                               Mr. Vishal Panwar - Panel Lawyer for the respondent/State.

Heard on I.A.No.1882/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Bunty Ahirwaar.

Appellant stands convicted vide judgment dated 16/01/2023 passed in S.T.No.10131/2020 by Special Judge, POCSO Act, Agar, District Shajapur (M.P.) under Sections 7/8 of Protection of Children from Sexual Offences Act, 2012 and Section 354 of Indian Penal Code, 1860 and has been sentenced to undergo 03 years RI with fine of Rs.2,000/- and 01 year RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submit that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail

sentence has also been suspended by the Trial Court till 16/02/2023. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/9/2023 10:28:45 AM

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.1882/2023 is allowed and it is directed subject to deposit of fine any amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy

Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 28/07/2023 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to requisition the record of the trial Court. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/9/2023 10:28:45 AM