Madhya Pradesh High Court
Halkebhai vs The State Of Madhya Pradesh on 22 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-13406-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13406 of 2024
(SONU Vs THE STATE OF MADHYA PRADESH )
CRA/13297/2024
Dated : 22-08-2025
Shri Surendra Singh, Senior Advocate assisted by Shri Shivam Singh,
Advocate for the appellant Sonu S/o Halkebhai Yadav (Cr.A.No.13406/2024).
Shri Siddharth Datt, Advocate and Shri Satyam Rai, Advocate for the
appellant Halkebhai S/o Shri Omkar Gond (Cr.A.No.13297/2024).
Heard on I.A.No.31511/2024, which is an application for suspension of
sentence and grant of bail to the appellant Sonu S/o Halkebhai Yadav and
I.A.No.3963/2025, which is an application for suspension of sentence and grant of
bail to the appellant Halkebhai S/o Shri Omkar Gond.
Appellants-Sonu and Halkebhai, are aggrieved of the judgment dated
13.11.2024, passed by the learned Special Judge, POCSO Act, 2012/Third
Additional Sessions Judge, Damoh, District Damoh (M.P.), in SCATR
No.42/2022, whereby, appellant Sonu has been convicted and sentenced as
under:-
Appellant Sonu
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
363 I.P.C. R.I. for 4 years Rs.1,000/- R.I for 15 days.
366 I.P.C. R.I. for 7 years Rs.1,000/- R.I. for 15 days.
372 I.P.C. R.I. for 8 years Rs.2,000/- R.I. for 1 month.
5(g)/6 of POCSO Act I.P.C. R.I. for life Rs.5000/- R.I. for 2 months.
3(2)(v) of SC/ST
(Prevention of I.P.C. R.I. for life Rs.5,000/- R.I. for 2 months.
Atrocities) Act
2 CRA-13406-2024
Appellant Halkebhai
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
Additional R.I
363 I.P.C. R.I. for 4 years Rs.1000/-
for15 days
Additional R.I. for
366 IPC. R.I. for 7 years Rs.1000/-
15 days
Additional R.I. for
372 IPC R.I. for 7years Rs.1000/-
15 days.
Additional R.I. for
16/17 POCSO Act R.I. for life Rs.5000/-
2 months.
It is submitted that there are omnibus allegations against these appellants.
Victim has not stated about their role either in her 161 or 164 Cr.P.C. statements.
She stated that she had taken a bus to meet appellant Rajendra Yadav on her own
volition as she had liking for Rajendra Yadav. There are are good chances of
success of this appeal. Hence, prayer is made to suspend the remaining jail
sentence of the appellants-Sonu and Halkebhai and release them on bail.
Shri Manas Mani Verma, learned Public Prosecutor opposes the prayer of
the appellants-Sonu and Halkebhai.
After hearing learned counsel for the parties and going through the record,
this Court is of the opinion that it is a fit case to suspend the remaining part of the
jail sentence of the present appellants-Sonu and Halkebhai and to release them on
bail.
Taking these facts into consideration, fact of incarceration and other
circumstances, it is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.30,000/- (Rupees
Thirty Thousand Only) each, with two solvent sureties each, in the like amount to
3 CRA-13406-2024
the satisfaction of the Trial Court for their appearance before the Trial Court on
15.10.2025 and such other dates as may be fixed by the Trial Court, the execution
of remaining part of the jail sentence imposed upon Appellants - Sonu and
Halkebhai shall remain suspended and they shall be released on bail till final
disposal of this appeal.
I.A.No.31511/2024 and I.A.No.3963/2025 are allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
A.Praj.
