Raju Ahirwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 12933 MP

Madhya Pradesh High Court

Raju Ahirwar vs The State Of Madhya Pradesh on 8 May, 2024

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 2721 of 2021
                                                (RAJU AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                            Dated : 08-05-2024
                                  Mr. Girish Kumar, learned counsel for the appellant.

                                  Ms. Kalpana Parmar, learned Panel Lawyer for the State.

                                  Heard on IA No. 2356 of 2024, fourth application under Section 389(1)
                            Cr.P.C. moved on behalf of appellant- Raju Ahirwar seeking suspension of
                            jail sentence and grant of bail.

                                  First suspension application (IA No. 12359/2021) was dismissed on
                            merits by the co-ordinate Bench of this Court vide order dated 01.09.2021,
                            second suspension application (IA No.19998/2022) was dismissed as
                            withdrawn by the co-ordinate Bench of this Court vide order dated 20.02.2023
                            and third suspension application (IA No.13920/2023) was dismissed as
                            withdrawn vide order dated 29.08.2023 by this Court.
                                  Appellant stood convicted under Sections 363, 366(ka) of IPC and
                            Section 5(L)/6 of POCSO Act and sentenced to undergo rigorous
                            imprisonment for five years, four years and ten years with fine of Rs.5,000/-,

                            Rs.5,000/- and Rs.5,000/- respectively, with default stipulation vide judgment of
                            conviction and order of sentence dated 09.03.2021 passed by Special Judge
                            {POCSO Act} to the Court of Second Additional Sessions Judge, District
                            Guna (M.P.) in Special Case No.52/2019.
                                  Learned counsel for the appellant submits that the determination of age of
                            the victim is doubtful as no trustworthy evidence was submitted before the trial
                            Court. Learned trial Court in Para 15 had determined the age of the appellant
                            with reference to approximate age of her parents. Thus, the determination is
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 09-05-2024
09:56:01 AM
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                            based on conjectures and surmises. Learned counsel further submits that there
                            are material contradictions in the evidence of the victim as well as prosecution
                            witnesses. The victim has stated entirely new version before the Court. The
                            learned Trial Court has committed an error in convicting and sentencing the
                            present appellant without appreciating the prosecution evidence properly.
                            Learned counsel contends that the appellant was arrested on 05.05.2019 and he
                            continues to be in custody till date. Thus, he has undergone jail incarceration of
                            more than five years. There is no likelihood of hearing of the instant appeal in
                            n e a r future. On these grounds, learned counsel prays that execution of
                            remaining jail sentence of appellant may be suspended and appellant may be

                            enlarged on bail.
                                  Per contra, learned Counsel for respondent State opposes the

application and prays for its rejection.

Upon hearing learned Counsel for the parties, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly, directed that execution of remaining jail sentence of appellant shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of Trial Court for compliance with following conditions:-

(1). The appellant shall deposit the amount of fine (if not deposited) forthwith;

(2). The appellant shall appear before the Trial Court on 07.08.2024 and on such further dates as may be directed by the Trial Court;

(3). The appellant shall ensure hearing of the appeal on the date fixed

for such hearing and shall also ensure proper legal representation on his behalf, on the date notified for hearing.

In case of breach of any of the aforementioned conditions, this order granting suspension of sentence shall become ineffective.

The Trial Court shall be authorized to grant exemption from attendance to the appellant on any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P. High Court Rules, 2008].

Where the appellant does not appear on the date of his appearance before the Trial Court and no sufficient cause for non-appearance is shown, the Trial Court shall be authorized to issue non-bailable/bailable warrants to secure his attendance under intimation to the Registry of High Court. The Trial Court shall also proceed under Section 446 of CrPC against such appellant and his surety without any reference to this Court and without any impediment of the order granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].

On arrest/surrender in compliance with the warrant, the appellant shall be forwarded in custody to undergo sentence of imprisonment under intimation to the Registry of this Court.

Accordingly, IA No. 2356 of 2024 stands allowed and disposed of. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

Vijay