Dhanish Kumar Sonwanshi vs The State Of Madhya Pradesh
2025 Latest Caselaw 4057 MP

Citation : 2025 Latest Caselaw 4057 MP
Judgement Date : 5 February, 2025

Madhya Pradesh High Court

Dhanish Kumar Sonwanshi vs The State Of Madhya Pradesh on 5 February, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                           1                           CRA-10633-2019
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                               CRA No. 10633 of 2019
                                    (DHANISH KUMAR SONWANSHI Vs THE STATE OF MADHYA PRADESH )



                         Dated : 05-02-2025
                               Ms. Indu Pande, learned counsel for the appellant.
                               Shri Aditya Narayan Gupta, learned Public Prosecutor for the
                         respondent/State.

Heard on I.A. No.18412/2024, an application under Section

389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant- Dhanish Kumar Sonwanshi.

This appeal is filed being aggrieved of judgment dated 16/10/2019 passed in SC No.10/2019 by the learned Special Judge, POCSO Act, Chhindwara whereby appellant has been convicted in the following manners:-

Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
R.I for two
376(Ka)(kha) I.P.C. R.I. for life Rs.5,000/-
years
R.I. for six
R.I. for 10
5(Tha)/6 POCSO Rs.2,000/- months
years
R.I. for 10 R.I. for six
Rs.2,000/-
5(Ta)/6 POCSO years months

2 CRA-10633-2019

R.I. for 10 R.I. for six
5(Da)/6 POCSO Rs.2,000/-
years months

R.I. for six
R.I. for 10
5(Tha)/6 POCSO Rs.2,000/- months
years
R.I. for two
R.I. for
506 IPC Rs.1,000/- months
two years

It is submitted that its a case of false implication. It is alleged that incident took place on 09/02/2019 and report was lodged on 19/02/2019.

It is also submitted that prosecutrix has admitted that there is a dispute between her mother and father and on the date of the incident

also some altercation had taken place between them. She has admitted that her Naani is also residing with them and the room in which she was present with her father, was the place where Naani was also present. Thus, reading this evidence, it is submitted that its a case of false implication. Medical documentation is not supporting the case of the prosecution as can be seen from the evidence of Dr. Shashi Atulkar (PW-7), Medical Officer, therefore, it is submitted that there are good chances of success in this appeal. Hence, prayer is made to suspend the sentence of the appellant and grant him bail

Shri Aditya Narayan Gupta, learned Public Prosecutor opposes the prayer for suspension of sentence and grant of bail.

3 CRA-10633-2019 Taking these facts into consideration and without commenting on merits of the case, this Court is of the opinion that it is a fit case to suspend the remaining part of the jail sentence of the appellant and release him on bail. Accordingly, I.A. No.18412/2024 is allowed.

It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two sureties in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on 02/04/2025 and on all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of appellant shall remain suspended and he be released on bail till final disposal of this appeal.

Certified copy as per rules.

(VIVEK AGARWAL) (ANURADHA SHUKLA) JUDGE JUDGE ts