Madhya Pradesh High Court
Sanjeev @ Chotu Ahirwar vs The State Of Madhya Pradesh on 22 January, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7365 of 2022
(SANJEEV @ CHOTU AHIRWAR Vs THE STATE OF MADHYA PRADESH )
Dated: 22-01-2025
Shri A.K. Jain-Advocate for appellant.
Shri D.S. Kushwaha-Additional Advocate General for
respondent/State.
I.A. No.13382/2022, an application under Section 5 of Limitation
Act is taken up, considered and allowed for the reasons mentioned
therein. The delay of 115 days in filing the instant appeal is hereby
condoned.
Heard on I.A.No.7396/2024, first application under Section 389(1)
of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of
appellant-Sanjeev alias Chotu Ahirwar.
Learned counsel for respondent/State raised the objection that
learned counsel for appellant after filing of this application, filed another
application for suspension of sentence vide I.A.No.12627/2024 on behalf
of present appellant. It is beyond apprehension why these two
applications have been filed repeatedly.
At this stage, learned counsel for appellant regretfully submits that
due to inadvertence, he did this. He prays for withdrawal of I.A.
No.7396/2024. He also regrets for this practice adopted by him in many
other cases also. He undertakes that he shall not adopted this practice in
future.
Considering the submission and the apology tendered by learned
counsel for appellant, I.A. No.7396/2024 stands dismissed as withdrawn.
Further heard on I.A.No.12627/2024, second repeat application
under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant
of bail on behalf of appellant-Sanjeev alias Chotu Ahirwar.
This criminal appeal assails the judgment dated 02/03/2022 passed
in Special Case No.07/2021 by Special Judge (POCSO Act), District
Datia (M.P.) whereby present appellant has been convicted as under:
Section Imprisonment Fine
5(L)/6 of POCSO Life Imprisonment Rs.20,000/- with
Act default stipulation.
366 of IPC 7 Years R.I. Rs.5,000/- with default
stipulation.
363 of IPC 3 Years R.I. Rs.3,000/- with default
stipulation.
It is the submission of learned counsel for appellants that the trial
Court erred in convicting and awarding jail sentence to present appellant.
He has already suffered around 3 years and 11 months' incarceration as
pre and post trial detention. It is further submitted that prosecutrix was at
the cusp of attaining majority and that aspect has been ignored. It is a
case of consent prima facie. She left her matrimonial home on her own
volition and shared emotional and physical proximity with consent. She
lived with appellant for one month without raising any alarm. He
undertakes to abide by all terms and conditions as imposed by this Court.
Appellant has good case on merits and final hearing of appeal would take
some time. Under such circumstances, learned counsel for appellant
prays for suspension of sentence and grant of bail to present appellant.
Learned counsel for the State opposed the application and prayed
for its dismissal.
Considering the arguments advanced by learned counsel for the
parties, this Court intends to allow the application for suspension of
sentence (I.A.No.12627/2024).
If appellant-Sanjeev alias Chotu Ahirwar 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 the trial Court that
he shall appear before the Principal Registrar of this Court on 27/03/2025
and thereafter, 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/victim side in any manner and he
shall not move in their vicinity.
I.A.12627/2024 stands disposed of, accordingly.
Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
Certified copy as per rules.
(Anand Pathak) (Hirdesh)
Judge Judge
(Dubey)
