Madhya Pradesh High Court
Pawan Ambulkar vs The State Of Madhya Pradesh on 26 June, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-15719-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 15719 of 2023
(PAWAN AMBULKAR Vs THE STATE OF MADHYA PRADESH )
Dated : 26-06-2025
Shri Aakash Malpani, Advocate for the appellant.
Shri Arvind Kumar Singh, Public Prosecutor for the respondent -State.
Heard on I.A.No.1425/2024, an application for suspension of
remaining jail sentence and grant of bail to the appellant Pawan Ambulkar
S/o Late Digamber Ambulkar.
Appellant-Pawan Ambulkar, is aggrieved of the judgment dated
25.09.2023, passed by the learned Additional Sessions Judge/ Special Judge
Goharganj, District Raisen (M.P.), in Special Case No.138/2020, whereby,
appellant has been convicted for offence punishable under Section 363 of
IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/-
, Section 366 of IPC and sentenced to undergo R.I. for 5 years with fine of
Rs.2,000/-, Section 344 of IPC, he is sentenced to undergo R.I. for one year
and fine of Rs.500/- and Section 5(L)/6 of POCSO Act, he is sentenced to
undergo R.I. for 20 years with fine of Rs.3,000/-, with default stipulation on
each count.
Learned counsel for the appellant submits that prosecutrix is a
consenting party as can be seen from her evidence given as PW/1. She
admitted in para 5 that she is in love with the appellant Pawan. She also
admitted in para 6 of his examination that there was no force or coercion on
2 CRA-15719-2023
the part of Pawan in taking her with him. She also admitted that she was not
neither coerced nor forced in any manner.
Reading from evidence of PW/2 mother of the prosecutrix, it is
submitted that she has admitted that her eldest son was born on 04.11.1993.
Thereafter, she has admitted that daughter just elder to the prosecutrix was
born on 20.12.2000, but later on, she admitted in cross-examination that age
of said daughter is 23 years. Then a son was born who died and then
prosecutrix was born. Thus, it is submitted that when this sequence is taken
into consideration, then despite the fact that mother of prosecutrix has said
that she had obtained birth certificate in regard to each of her children, but
has not produced any of the birth certificate and similar is the tone and tenor
of the evidence of PW/3, it appears that prosecutrix is major, specially when
PW/4 Anoop Kumar Sharma, Assistant Teacher admitted in cross-
examination that no evidence in regard to date of birth of the prosecutrix was
ever furnished.
It is further submitted that appellant is innocent. There are good
chance of success of this appeal. It is submitted that appellant is in custody
from 03.03.2020 to 30.07.2020 and from 31.08.2023 to 25.09.2023, and then
he is in custody from 23.02.2017, till this date.
Shri Arvind Singh, learned Public Prosecutor opposes the prayer of the
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
3 CRA-15719-2023
remaining part of the jail sentence of the present appellant and to release him
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.50,000/-
(Rupees Fifty Thousand Only), with two solvent sureties in the like amount
to the satisfaction of the Trial Court for his appearance before the Trial Court
on 29.08.2025 and such other dates as may be fixed by the Trial Court, the
execution of remaining part of the jail sentence imposed upon Appellant -
Pawan Ambulkar shall remain suspended and he shall be released on bail till
final disposal of this appeal.
I.A.No. 1425/2024 is allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
A.Praj.
