Pahalwan vs The State Of Madhya Pradesh
2023 Latest Caselaw 8124 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 6483 of 2023
                                                (PAHALWAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-05-2023
                                 Shri Madhukar Kulshrestra - Advocate for appellant.

                                 Shri Sushant Tiwari - Public Prosecutor for respondent/State.

Let the record of the Court below be requisitioned. Heard on I.A.No.8623/2023, first application under Section 389(1) of CrPC for grant of suspension of sentence filed on behalf of sole appellant- Pehalwan.

The Trial Court has convicted the aforesaid appellant under Section 354 of IPC and sentenced to undergo two years' RI with fine of Rs.1,000/- with default stipulation, vide judgment of conviction and order of sentence dated 10.04.2023 passed in Sessions Case No.04/2022 by First Additional Sessions Judge, Mungawali, District Ashoknagar.

Learned counsel for the appellant submits that prosecutrix was major at the time of incident. Omnibus allegations have been made against the appellant. No offence is made out against him. Statement of the prosecutrix and the prosecution witnesses are inconsistent and contradictory to each other. Learned

trial Court has committed error in convicting the appellant for the offence punishable under Section 394 of IPC. Appellant was on bail during trial and his sentence has already been suspended by the trial Court. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellant prays for suspension of remaining jail sentence and grant of bail to the present appellant.

Learned counsel for the respondent/State has opposed the prayer. Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 26-05-2023 11:54:12 AM

Having considered the rival submissions and looking to the facts that the appellant was on bail during trial and he did not misuse the liberty granted to him and the Trial Court has already suspended his sentence till 10.05.2023 and conclusion of the trial will take time and specially with regard to the age of the prosecutrix and also considering the short period of sentence, without expressing any opinion on merits of the case, the application is allowed and jail sentence of the appellant shall remain suspended.

I t is directed that subject to depositing the fine amount, if already not deposited, appellant shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with separate

solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 20.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

I.A.No.8623/2023 is allowed.

List for admission along with record.

C.C. as per rules.

(SATYENDRA KUMAR SINGH) V. JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 26-05-2023 11:54:12 AM