Citation : 2023 Latest Caselaw 1173 MP
Judgement Date : 19 January, 2023
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 : 19-01-2023 Shri Ankit Saxena - Advocate for the appellant.
Shri C.K. Mishra - Government Advocate for the State.
Heard on I.A. No.308/2023, which is an application for temporary suspension of sentence and grant of temporary bail to the appellant.
T h e appellant vide judgment dated 21.09.2021 passed by Ist ASJ
Naugaon, District Chhatarpur (M.P.) in Special Case No.09/2017 has been convicted under Section 7/8 of POCSO, Act 2012 and Section 354-A of of the IPC and sentenced to R.I. for 4 years with fine of Rs.2000/- and R.I. for one year with fine of Rs.1000/- respectively, with default stipulations.
Learned counsel for the appellant has submitted that marriage of younger brother of the appellant is going to be solemnized today i.e. 19.01.2023, therefore, jail sentence of the appellant may be temporarily suspended and he may be released on temporary bail.
Learned Government Advocate has submitted that the factum of marriage
of younger brother of the appellant has been verified and found to be true.
In view of the aforesaid, this 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 the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to
Signature Not Verified the satisfaction of the trial Court concerned, remaining jail sentence imposed SAN
Digitally signed by RAJESH KUMAR upon appellant - Deepak Ahirwar shall remain suspended till 27.01.2023 and he JYOTISHI Date: 2023.01.19 14:11:33 IST
shall be released on temporary bail.
The appellant shall surrender before the trial Court concerned on or before 27.01.2023, failing which the trial Court will be at liberty to take steps to take him into the custody.
List for final hearing in due course.
(SMT. ANJULI PALO) JUDGE
rj
Signature Not Verified SAN
Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.01.19 14:11:33 IST
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