Madhya Pradesh High Court
Shivshankar Singh Gond vs The State Of Madhya Pradesh on 14 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-7095-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7095 of 2021
(SHIVSHANKAR SINGH GOND AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-07-2025
Shri Ram Prakash Yadav, learned counsel for the appellant No.1
Shivshankar Singh Gond.
Shri Ajay Tamrakar, learned Public Prosecutor for the State.
Heard on I.A. No.8399/2022, which is an application for suspension of
sentence and grant of bail to the appellant No.1 Shiv Shankar Singh Gond s/o
Shri Matuk Dhari Singh.
Appellant is aggrieved of the judgment dated 30.09.2021 passed by
learned Special Judge, Protection of Children From Sexual Offences, Act,
2012, Devsar, District Singrauli (M.P.) in Special Case No.102/2020
whereby appellant No.1 - Shiv Shankar Singh Gond has been convicted in
the following manners:-
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
R.I. for three
363 IPC R.I. for 2 years Rs.1000/-
months
R.I. for three
366 IPC R.I. for 2 years Rs.1000/-
months
R.I. for six
376(D-B) IPC R.I. for life Rs.3000/-
months
It is submitted that prosecution story, in short, is that on 18.06.2020,
prosecutrix had gone to witness Barat which had come to her village. After
2 CRA-7095-2021
witnessing the Barat on 20.06.2020 when she was returning back to her
home, then accused persons came on a motorcycle and started talking to the
victim. Thereafter, they gave an offer to take her for a ride on their
motorcycle. In the name of a ride, she was taken to a jungle where her
privacy was violated by co-accused Mayaram Singh Gond.
It is submitted that allegation on the present appellant is that he had
bitten on her cheek with his teeth. However, PW-6 Dr. Asha Singh nowhere
has mentioned that there was any sign of bite on the cheek of the victim and
in view of such facts, it is submitted that it's a case of false implication as far
as Shiv Shankar Singh Gond is concerned, therefore, it is prayed that the
sentence imposed on the present appellant be suspended and he be enlarged
on bail.
Shri Ajay Tamrakar, learned Public Prosecutor, on the other hand,
opposes the prayer for suspension of sentence on behalf of the present
appellant.
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 appellant Shiv Shankar
Singh Gond and to release him on bail.
Accordingly, I. A. No.8399/2022 is allowed. It is directed that on
depositing of fine amount, if not already deposited and on furnishing a
personal bond to the tune of Rs.30,000/- (Rupees Thirty Thousand only) with
two sureties each in the like amount to the satisfaction of the concerned trial
Court for his appearance before the trial Court on 24.11.2025 and on all
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subsequent dates as may be fixed by the concerned trial Court, the execution
of remaining part of the jail sentence of the appellant No.1 - Shiv Shankar
Singh Gond shall remain suspended and he be released on bail till final
disposal of this appeal.
Accordingly, I.A. No.8399/2022 is allowed and disposed of.
C.C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
MTK
