Sonu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 99 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 12058 of 2022 (SONU AHIRWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 02-01-2023 Shri Rajmani Bansal, learned counsel for appellant.

Shri Koushlendra Singh, learned Public Prosecutor for State.

Heard on I.A.No.19736/2022, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Sonu Ahirwar.

This criminal appeal has been filed against the judgment dated 26.11.2022 passed in Special Case No.119/2019 by Special Judge (POCSO Act) Guna (M.P.) whereby appellant has been convicted and sentenced under Section 363 of IPC for Two years RI with fine of Rs.100/- and Section 366 of IPC for Two years RI with fine of Rs.100/-, with default stipulation.

In brief, prosecution case is that on 19.08.2019 a missing report has been lodged in regard to prosecutrix on which crime No. 148/2019 for the offence punishable under Sections 363, 366-A, 376, 506, 34 of IPC and Section 5/6 of POCSO Act was registered. Thereafter she was recovered. Her statement was

recorded in which she has stated that she is under the age of 18 years and present appellant alongwith Sanjeev Ahirwar persuaded her to go with them. She went with them. Co-accused Sanjeev committed sexual intercourse with her without her consent.

It is submitted by counsel for the appellant that the appellant is innocent and has been falsely implicated. Appellant was on bail during trial and did not misuse the liberty granted to him. Fine amount has already been deposited by the appellant. Appeal is of the year 2022 which may take long time for it's

conclusion. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A. No.19736/2022 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnish a personal bond in the sum o f Rs.50,000/- (Rupees Fifty 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 24 th April, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

Application (I.A. No.19736/2022) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy/e-copy as per rules/directions.

       Digitally signed by
       YOGENDRA OJHA
                                                   (DEEPAK KUMAR AGARWAL)
       Date: 2023.01.03                                     JUDGE
       10:39:21 +05'30'

ojha