Madhya Pradesh High Court

Monu Baghel vs The State Of Madhya Pradesh on 5 June, 2025

                                                           1                               CRA-13415-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    CRA No. 13415 of 2024

(MONU BAGHEL Vs THE STATE OF MADHYA PRADESH )

Dated : 05-06-2025 Shri Ravi Dwivedi - Advocate for the petitioner. Shri Samar Ghuraiya - GA appearing on behalf of State.

Heard on I.A. No.25672/2024, which is an application for suspension of sentence and grant of bail to the applicant who has been convicted for the offence punishable under Section 7/8 of POCSO Act and sentenced to

undergo R.I. for four years with fine of Rs.5000/- with default stipulation vide judgment dated 26.11.2024 in Case No.SC/117/2024 passed by 11th Additional Sessions Judge/Special Judge, POCSO Act, Gwalior.

Learned counsel for the applicant submits that the allegation against the present applicant is of exposing his private part to the prosecutrix without any physical contact who was aged about 17 years, therefore, the conviction under Section 7/8 of POCSO Act would be debatable and at the most may involve Section 11 of the POCSO Act. It is further contended that the applicant has spent more than 6 months in actual jail custody as against four

years awarded to the applicant and, therefore, prays for suspension of remaining jail sentence.

Per contra, learned Government Advocate has vehemently opposed the prayer for suspension of sentence and prayed for rejection of the same.

Considering the aforesaid, but without commenting on the merits of the case, application for suspension of sentence and grant of bail is

2 CRA-13415-2024 allowed on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court concerned for his appearance before the trial Court on 07.07.2025 and on such other dates as may be fixed by the trial Court in this regard.

(VIVEK JAIN) V. JUDGE

Chandni