Ashish Baghel vs The State Of Madhya Pradesh
2023 Latest Caselaw 16283 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 12120 of 2023 (ASHISH BAGHEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 04-10-2023 Shri Ayush Saxena - Advocate for the appellant.

Shri R.S. Yadav - Public Prosecutor for the State. Heard on I.A. No.17578 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the sole appellant - Ashish Baghel.

This Criminal Appeal assails the judgment dated 11/09/2023 passed by

Special Judge (POCSO Act), Mehgaon, District Bhind (M.P.) in SST. No.24/2022 whereby, appellant has been convicted and sentenced under Section 12 of POCSO Act to undergo rigorous imprisonment of Two Years with fine of Rs.5,000/-, under Section 354-/k of IPC to undergo rigorous

imprisonment of Two Years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the material available on record. Further argument is that all the interested witnesses have been examined by the prosecution. The brother of the prosecutrix (PW-3) has not supported the case

of prosecution that the appellant was threatening his sister (prosecutrix) at the time of incident. The evidence of (PW-2) is based on hearsay evidence. The appellant was on bail during trial and never misused the liberty so granted. It is further argued that there are material omissions and contradictions in the statement of the prosecution witnesses. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 05-10-2023 11:28:58 AM

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.17578 of 2023 is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellant in sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the

appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court on 14.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

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Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 05-10-2023 11:28:58 AM