Sanjeev Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1094 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                               CRA No. 11549 of 2022
                                     (SANJEEV AHIRWAR Vs THE STATE OF MADHYA PRADESH)

               Dated : 18-01-2023
                           Shri Vibhor Kumar Sahu, learned counsel for the appellant.

                           Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

Heard on IA.No.19170/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Sanjeev Ahirwar.

Allegation against the appellant is that by persuading the prosecutrix, who was 16 years of age at the time of incident, he took away her and committing rape with her. Case was registered. Appellant was arrested. After completion of investigation, charge-sheet has been submitted. After trial, appellant has been convicted under Sections 363, 366, 376(1) of IPC and Sections 3/4 of the POCSO Act with maximum sentence of 10 years RI.

It is submitted by learned counsel for the appellant that prosecutrix has not at all supported the prosecution case. DNA report is also not conclusive. During trial, he remained in custody for 48 days and and thereafter from the

date of judgment i.e. 26.11.2022 he is in custody. Final hearing of the appeal will take time and appellant has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without Signature Not Verified commenting upon merits of the case, IA.No.19170/2022 is allowed and it is Signed by: MADHU SOODAN PRASAD Signing time: 19-01-2023 09:42:07 AM directed that jail sentence of appellant will remain under suspension subject to

verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 2nd May, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 19-01-2023 09:42:07 AM