Madhya Pradesh High Court
Deepak Ahirwar vs The State Of Madhya Pradesh on 17 February, 2023
Author: Anjuli Palo
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5711 of 2021
(DEEPAK AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 17-02-2023
Shri Ankit Saxena - Advocate for the appellant.
Ms. Mamta Mishra - Panel Lawyer for the State.
Shri Sumit Kanojiya - Advocate for the objector.
Heard on I.A.No.2304/2023, which is fourth application filed on behalf
of the appellant for suspension of sentence and grant of bail. His first
application being I.A. No. 17403/2021 was dismissed on merit vide order dated
28.3.2022. Second application being I.A. No. 11219/2022 was dismissed with
liberty to file properly constituted application vide order dated 28.6.2022. Third
application being I.A. No. 17414/2022 was dismissed as withdrawn vide order
dated 14.11.2022 and thereafter application for temporary bail being I.A. No.
308/2023 was allowed vide order dated 19.1.2023 with direction to surrender
before the trial Court concerned on or before 27.1.2023.
The appellant has been convicted by the trial Court under Section 8 of
the Protection of Children From Sexual Offences Act and Section 354-A of the
IPC and sentenced to R.I. for 4 years with fine of Rs.2000/- and R.I. for 1 year
with fine of Rs.1000/- respectively with default stipulations.
Learned counsel for the appellant has submitted that the complainant has
filed her affidavit in favour of the appellant, which has been verified by the State
and found to be authenticated. The appellant has remained in jail from 21.4.2017
to 1.5.2017 and thereafter from the date of judgment till date. Disposal of this
Signature Not Verified
SAN
appeal would take considerable time, therefore, custodial sentence of the
Digitally signed by PRADYUMNA BARVE
Date: 2023.02.20 18:32:40 IST
appellant may be suspended and he may be released on bail.
Learned Panel Lawyer has opposed the application.
As per the case of the prosecution, the appellant caught hold the hand of
the prosecutrix and touched her with intention to outrage her modesty.
Looking to the nature of allegation against the appellant, his custody
period and affidavit executed by the prosecutrix in favour of the appellant, I
find it to be a fit case to suspend the custodial sentence of the appellant and to
release him on bail, therefore, without commenting on the merit of the case, the
application is allowed.
I t is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of appellant Deepak Ahirwar
shall remain suspended and he shall be released on bail for securing his
presence before the Registry of this Court on 18.7.2023 and on such other
dates as may be fixed in this regard during pendency of this appeal.
It is made clear that if the appellant is found involved in similar offence in
future, this order shall become ineffective.
The appellant shall regularly appear before the Registry of this Court, on
each and every date, without fail.
List for final hearing in due course.
(SMT. ANJULI PALO)
JUDGE
PB
Signature Not Verified
SAN
Digitally signed by PRADYUMNA BARVE
Date: 2023.02.20 18:32:40 IST
