Madhya Pradesh High Court
Pradeep Solanki vs The State Of Madhya Pradesh on 19 June, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1422 of 2023
(PRADEEP SOLANKI Vs THE STATE OF MADHYA PRADESH)
Dated : 19-06-2023
Shri Rajmani Bansal, learned counsel for the appellant.
Shri Nitin Goyal, learned Panel Lawyer for the respondent- State.
Heard on IA No. 10464 of 2023, which is the third application under
Section 389(1) of CrPC filed on behalf of appellant Pradeep Solanki for
suspension of jail sentence and grant of bail. First and second suspension
applications were dismissed as withdrawn vide order dated 16-03-2023 and 26-
04-2023 respectively.
Vid e judgment dated 7th January, 2023 passed by Special Judge
(POSCO Act), Guna in Special Case No. SC/07/2022, the present appellant has
been convicted under Sections 354(A) IPC, 75 of Juvenile Justice (Protection
of Children from Sexual Offences) Act, 7/8, 9/10, 11(i)(iii)/12 of POCSO Act
and sentenced to undergo two years RI with fine of Rs.250/-, two years RI with
fine of Rs. 1 lac, five years RI with Rs. 250/-, six years RI with fine of Rs.250/-
and two years RI with fine of Rs.250/- with default stipulations. All the
sentences have been directed to run concurrently.
Prosecution case, in short is that complainant Neetu Soni who is the
Hostel Warden of Kashturva Gandhi Girls Hostel lodged an oral report on 20-
12-2021 at around 04:30 pm alleging that five girls came to her and gave written
complaint against the present appellant who was the teacher of the Government
Middle Higher Secondary School, Guna in Biology Department and who with
bad intention while teaching the Biology Lab used to see obscene video to them
as and when he teaches fertilization lesson and used to molest them. On the
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/19/2023
6:23:17 PM
basis of oral report, a crime was registered against the present appellant. After
completion of investigation and other formalities, charge sheet was filed before
the competent court from where case was committed to the Special Court for
its trial. After conclusion of trial, the Special Judge convicted and sentenced the
appellant as mentioned above.
I t is submitted by learned counsel for appellant that the appellant has
been falsely implicated. All the material prosecution witnesses have been turned
hostile and they did not support the prosecution case and only on the basis of
evidence of PW4 and PW2 Neetu Soni, present appellant has been found guilty
of aforesaid offences. The learned trial Court has committed an error in passing
impugned judgment of conviction and sentence. The appellant remained in
custody for a period of 380 days during trial and from the date of passing of
impugned judgment, he is in custody. This appeal is of year 2023 which is
likely to take some time for its disposal. Hence, prayed for suspension of jail
sentence and grant of bail.
Learned counsel for the State opposed the suspension application and
prayed for it rejection.
Considering the facts and circumstances of the case, but without
commenting upon merits of the case, IA is allowed and it is directed that jail
sentence of appellant will remain under suspension subject to verification that
amount of fine has been deposited, on appellant furnishing a 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 appearance
before the Principal Registrar of this Court on 22nd December, 2023 and on
such further dates as may be fixed by the office in this regard till disposal of the
appeal.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/19/2023
6:23:17 PM
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/19/2023
6:23:17 PM
