Madhya Pradesh High Court
Manish Singh Sikarwar vs The State Of Madhya Pradesh on 20 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 5885 OF 2019
(MANISH SINGH SIKARWAR VS. STATE OF M.P.)
Dated: 20.08.2025
Shri Vedant Sharma - Advocate for the appellant.
Shri BPS Chauhan - Public Prosecutor for the
respondent/State.
Heard on I.A.No.17851/2025, sixth application under
Section 389(1) of Cr.P.C. for suspension of jail sentence and
grant of bail on behalf of the appellant - Manish Singh Sikarwar.
This criminal appeal assails the judgment dated 29-06-
2019 passed in S.T.No.295/2013 by the VI Additional Sessions
Judge, Bhind whereby appellant has been convicted as under:
Section Imprisonment Fine
6 of POCSO Life Imprisonment Rs.10,000/- with
Act default stipulation.
It is the submission of learned counsel for the appellant
that the trial Court erred in convicting and awarding jail sentence
to the appellant. Appellant suffered around 7 years 4 months
incarceration as pre and post trial confinement. It is further
submitted that appellant was a constable and he suffered false
implication because of some dispute ensued between uncle of
prosecutrix and appellant. Therefore, as a counterblast, this case
has been used by prosecutrix and her family to settle the score. It
is further submitted that medical report belies the allegation and
no injury has been found over the person of the prosecutrix
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 5885 OF 2019
(MANISH SINGH SIKARWAR VS. STATE OF M.P.)
whereas nature of incident suggests that bruises and injuries
could not have been ruled out. It is further submitted that DNA
report has not been obtained in the matter and no conclusive
proof exists regarding matching of sample.
Learned counsel for the appellant further submits that
being a police constable appellant already suffered sufficient
period of custody and no witness has been examined by the
prosecution to suggest that after meeting with her friend namely
Ashwani prosecutrix went to her friend's house and thereafter she
went to her home where she narrated the story to her uncle. In
absence of deposition of uncle and friend Anjali case of
prosecution became vulnerable. Appellant has good case on
merits and hearing of appeal would take some time. Thus, prayed
for grant of suspension of sentence.
Learned counsel for the State opposed the prayer and
prayed for dismissal of this application.
Considering the arguments advanced by learned counsel
for the parties, this Court intends to allow the application for
suspension of sentence (I.A.No.17851/2025).
If appellant -Manish Singh Sikarwar furnishes bail bond in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along
with one solvent surety of the like amount to the satisfaction of
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 5885 OF 2019
(MANISH SINGH SIKARWAR VS. STATE OF M.P.)
the trial Court that he shall appear before the Principal Registrar
of this Court on 10-12-2025 and on all other subsequent dates as
may be fixed by the Office for appearance, then he shall be
released on bail and execution of jail sentence is suspended till
disposal of this appeal, subject to deposit of fine amount.
Appellant shall not be source of embarrassment and
harassment to the complainant party/prosecutrix in any
manner and shall not move in their vicinity. Appellant shall
not try to contact the prosecutrix in any manner.
Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
Judge Judge
Anil*
ANIL
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CHAURASI
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CHAURASIYA
Date: 2025.08.21 10:44:49 +05'30'
