Madhya Pradesh High Court
Pawan @ Balkrishan Sharma vs The State Of Madhya Pradesh on 19 June, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-531-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 531 of 2025
(PAWAN @ BALKRISHAN SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 19-06-2025
Shri Anand Purohit- Advocate for appellant No. 2- Raghvendra
@Deepu Bohre.
Shri Prashant Sharma and Shri Upendra Yadav- Advocate for
appellant No. 5 Mohit@Dheeraj Sharma and appellant No.6 Madhur.
Shri Vijay Sundaram - Govt. Advocate for respondents/State.
Shri Kushagra Shukla - Advocate for complainant.
Heard on I.A.No.12574/2025, first application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail on behalf of
appellant No.2 - Raghvendra @ Deepu Bohre (Sharma)
Also heard on I.A.No.10858/2025, first application under Section
389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf
of appellant No.5 -Mohit@Dhiraj Sharma and I.A.No.10819/2025, second
application under Section 389(1) of Cr.P.C. for suspension of jail sentence
and grant of bail on behalf of appellant-Madhur.
This criminal appeal assails the judgment dated 13-12- 2024 passed in
S.T.No.31/2023 by the Special Judge (POCSO Act), Bhind District Bhind
whereby aforesaid appellants have been convicted as under:
Section Imprisonment Fine
Section 120-B Rs.50,000/- with
7 years' RI
of IPC default stipulation.
Section 201 of Rs.50,000/- with
7 years' RI
IPC default stipulation.
2 CRA-531-2025
It is the submission of learned counsel for appellants that the trial
Court erred in convicting and awarding jail sentence to appellants. It is
further submitted that appellants have already suffered one year of
incarceration as pre and post trial confinement. Appellants are facing
conviction and jail sentence for offence under Section 201/120-B of IPC for
7 years. Only source of implication of appellants is memo under Section 27
of the Evidence Act and recovery of blood stained pant and shirt of prime
accused Pawan. In his statement under Section 27 of the Evidence Act, prime
accused Pawan nowhere mentioned any role of appellants so far as
commission of offence of murder is concerned. Murder of deceased was
committed by prime accused around 10 am in the morning on 08-11-2022
and he reached appellant No.4's house around 9:30 pm and in the
interregnum period he also visited his house and changed his mobile with his
father. Therefore, once the prime accused changed his mobile while visiting
his house, then it is highly suspicious that he did not change his clothes then
and there only. They were never in the loop of course of events but even did
not come to know about the incident took place to screen the offender. For
the allegations they have already suffered one year of incarceration as pre
and post trial confinement. Co-accused/co-appellant No.4- Vishram Sharma
has already been granted bail by order dated 26.03.2025 passed in this appeal
and the case of present appellants is identical to that of appellant No.4
Vishram Sharma. Appellants have 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 as well as complainant opposed the
3 CRA-531-2025
prayer and prayed for dismissal of the present application for suspension of
sentence.
Considering the arguments advanced by learned counsel for the
parties, so also parity with the said co-accused/co-appellant, this Court
intends to allow the applications for suspension of sentence
( I.A.No.12574/2025, I.A.No.10858/2025 and I.A.No.10819/2025). If
appellant No.2 - Raghvendra @ Deepu Bohre (Sharma) , appellant No.5
- Mohit@Dheeraj Sharma and appellant No.6 - Madhur furnish bail bonds in
the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each along with one
solvent surety of the like amount to the satisfaction of the trial Court that
they shall appear before the Principal Registrar of this Court on 25-08-2025
and on all other subsequent dates as may be fixed by the Office for
appearance, then they shall be released on bail and execution of jail sentence
is suspended till disposal of this appeal, subject to deposit of fine amount.
Appellants shall not be source of embarrassment and harassment to the
complainant in any manner and they shall not move in their vicinity.
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
ar
