Mahesh Kahar vs The State Of Madhya Pradesh
2024 Latest Caselaw 15463 MP

Madhya Pradesh High Court

Mahesh Kahar vs The State Of Madhya Pradesh on 22 May, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                                  1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 6192 of 2024
                                             (MAHESH KAHAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-05-2024
                                Shri Anshul Shrivastava - Advocate for appellant Mahesh Kahar S/o

                          Goverdhan Kahar.
                                Shri Gaurav Rawat - Advocate appearing on behalf of Advocate
                          General for respondent - State of Madhya Pradesh.

Heard on the question of admission.

The appeal appears to be arguable, hence, admitted for final hearing. Also heard on IA No.8259 of 2024, an application under Section 389 (1) of the Criminal Procedure Code, 1973 for suspension of sentence and grant of bail filed on behalf of appellant.

Vide judgment and order dated 14.05.2024 passed by learned Second Additional Sessions Judge and Special Judge (under POCSO Act), Mahidpur, District Ujjain (MP) in Sessions Trial No.42 of 2020, the appellant has been convicted for short sentence under Section 354 of Indian Penal Code, 1860 and also under Sections 7/8 and 11 (iv)/12 of Protection of Children from Sexual

Offences Act, 2012 for 3 years RI, 3 years RI and 1 year RI respectively with fine and default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated. The jail sentence of the appellant has already been suspended by the learned trial Court itself till 14.06.2024. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, looking to the short sentence, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

Learned counsel for the respondent - State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court has already suspended the jail sentence of the appellant, without commenting on the merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the

Registry of this Court firstly on 23.08.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Accordingly, IA No.8259 of 2024 stands allowed and disposed of. Let the record of the case from the concerned trial Court be called for. Certified copy, as per rules.

(PREM NARAYAN SINGH) JUDGE

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