Rajpal Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8404 MP

                                                          1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                CRA No. 4151 of 2023
                                      (RAJPAL AHIRWAR Vs THE STATE OF MADHYA PRADESH)

               Dated : 12-06-2023
                           Shri S.K.Shrivastava, learned counsel for the appellant.

                           Shri   Prabhat     Pateriya,       learned   Public   Prosecutor   for   the
               respondent/State.

Heard on IA.No.5858/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Rajpal

Ahirwar.

Vide judgment dated 15th February, 2023 passed in S.C.No.30/2018 by 1st Additional Sessions Sessions Judge, Sironj, Distt. Vidisha, appellant has been convicted under Section 354 of IPC and Section 8 of the POCSO Act and sentenced to undergo 4 years RI with fine of Rs.2,000/- under Section 8 of the POCSO Act.

In brief case of the prosecution is that prosecutrix aged about 15 years lodged a report against present appellant that at 3 pm when she was going to coaching, appellant put his hand on her breasts. When she objected, he abused

her.

It is submitted by learned counsel for the appellant that during trial he was on bail, but he did not misuse the liberty so granted. During trial, he remained in custody from 19.7.2018 to 23.8.2018 and thereafter from the date of judgment i.e. 15.2.2023 he is in custody. Final hearing of the appeal will take time and he has a good case on merit. Therefore, prayer for suspension of sentence has Signature Not Verified been made.

Signed by: MADHU SOODAN PRASAD Signing time: 13-06-2023 10:34:07 AM Learned counsel for the State opposed the application and prayed for its

rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.5858/2023 is allowed and it is directed that jail sentence of appellant Rajpal Ahirwar 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 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 13-06-2023 10:34:07 AM