Praveen Dohre vs The State Of Madhya Pradesh
2023 Latest Caselaw 11346 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 6823 of 2022
                                        (PRAVEEN DOHRE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 20-07-2023
                                 Shri Shafiqullah - Advocate for appellant.

                                 Shri Dinesh Prasad Patel - Dy. Government Advocate for the
                           respondent/State.

None for respondent No.2 despite service of notice.

Heard on I.A. No.14919/2022, which is first bail application under

Section 389 (1) of the Cr.P.C.for grant of bail to the appellant - Praveen Dohre pending the appeal.

The appellant has been convicted for the commission of offence under Section 354 of IPC and Sections 9(f) and 9(m) of the POCSO Act, 2012. He has been sentenced to R.I. for 05 years each with fine of Rs.3,000/- each with default stipulations vide judgment dated 23.07.2022 passed by Special Judge

POCSO Act/13th Additional Sessions Judge, Bhopal.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by learned Trial Court as it has not appreciated the

prosecution evidence in proper perspective. It is submitted that learned trial Court has not appreciated the fact that appellant is a Yoga Teacher and even if for the sake of argument, it is assumed that he has asked child to bend down towards back that was for exercise and not a bad touch. It is further submitted that FIR has been lodged next day. There was a dispute between the mother of the child and appellant over hiring of the room. Appellant has fair chances to succeed in appeal. He has already suffered more than one year in jail. There is no possibility of hearing of this appeal in near future. It is further submitted Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/21/2023 10:03:32 AM

that appellant is working as Sports Teacher in Green Valley School for the last 12 years and never such allegations are made against him and same is supported by the defence evidence of Rani Shirke (DW-1) but same has not been considered. In the aforesaid scenario, it is prayed that appellant be released on bail by suspending jail sentence.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

I have gone through the evidence of prosecutrix (PW-1), evidence of her mother and the evidence of defence witness and other material on record but without expressing any opinion on the merits of the case including the fact that

there is no possibility of hearing of this appeal in near future, I deem it proper to release the appellant on bail.

Consequently, I.A. No.14919/2022 is allowed. The execution of jail sentence of appellant - Praveen Dohre is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 11.09.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 7/21/2023 10:03:32 AM