Kali Das Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10136 MP

                                   1

   IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          CRA-7966-2023
    (KALI DAS AHIRWAR & ANOTHER Vs . STATE OF MADHYA
                              PRADESH)

DATED:- 04-07-2023

      Shri Rinku Shakya- Advocate for the appellants.
      Shri Pramod Pachauri- Public Prosecutor for the
respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of the respondent/State.

Let record of the trial Court be called for. Also heard on I.A. No.11111/2023, 1st application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellants.

This appeal has been preferred under Section 374(2) of Cr.P.C. against the judgment dated 06/06/2023 passed by Special Judge (POCSO Act) Guna, District- Guna (M.P.) in Special Case No.90/2020, whereby the appellants have been convicted and sentenced as under:-

 Name of            Section        Sentence    Fine (Rs.) Default
 Appellant                                                Stipulation
  Kalidas        363 of IPC       3 Years RI     100/-    1 Month RI
  Ahirwar        354 of IPC       3 Years RI     100/-    1 Month RI
              7/8 of POCSO Act 2 Years RI        2500/-   3 Months RI


Sohel Khan        363 of IPC      3 Years RI      100/-   1 Month RI
              3(2)(va) of SC/ST 3 Years RI        100/-   1 Month RI
                     Act

Learned counsel for the appellants submits that appellants have been falsely implicated in this case. Appellants have been wrongly convicted by the learned trial Court. The appellants were on bail during trial and they have not misused the liberty granted to them. Learned trial Court has already suspended their jail sentence for a period of one month from the date of passing of the judgment. Appellant is the permanent resident of District- Guna (M.P.) and there are fair chances of success of this appeal. The appeal is of the year 2023 which may take long time for its conclusion and the appellants cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

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.11111/2023 is allowed.

It is, therefore, directed that if appellants deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 4th of September, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to them,

shall remain suspended till further orders and appellants shall be released on bail.

IA No.11111/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Digitally signed by RAHUL SINGH PARIHAR

rahul RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0 cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.07.05 12:31:05 +05'30'