Madhya Pradesh High Court
Heera Adiwasi vs The State Of Madhya Pradesh on 5 May, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-14549-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 14549 of 2023
(HEERA ADIWASI Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 05-05-2025
Shri R.P. Gupta-Advocate for appellant.
Shri Sohit Mishra-Public Prosecutor for respondent/State.
Heard on I.A.No.11233/2024, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant -
Heera Adiwasi.
2. Appellant is facing sentence by virtue of judgment dated 25/10/2023
passed by Special Judge (POCSO), Dabra, District-Gwalior passed in SST
No.35/2019; whereby, appellant has been convicted and sentenced as under:-
Section Imprisonment Fine
363 of IPC 05 Years' RI Rs.1,000/- with default
stipulation.
Rs.1,000/- with default
366 of IPC 07 Years' RI
stipulation.
Rs.3,000/- with default
376(1) of IPC Life Imprisonment
stipulation.
3. It is the submission of counsel for appellant that trial Court erred in
convicting the appellant and awarding jail sentence without appreciating the
evidence and material available on record. As submitted, appellant has already
suffered around two years of incarceration as pre and post trial confinement. It is
further submitted that prosecutrix was major and she did not support the story of
prosecutrix and declared hostile. Even otherwise, other witnesses also did not
support the story of prosecution and turned hostile. It appears that it was a case of
consent prima facie. Hearing of appeal shall take some time. He undertakes to
abide by the terms and conditions as imposed by this Court. Under these
2 CRA-14549-2023
circumstances, he prayed for grant of suspension of sentence and grant of bail.
4 . Per contra , counsel for respondent/State opposed the application and
prays for its dismissal while supporting the impugned judgment.
5. Considering the submissions and the arguments advanced by counsel for
parties, but without commenting on merits of the case, application
(I.A.No.11233/2024) is hereby allowed subject to deposit of fine amount, if not
already deposited and it is ordered that on furnishing a personal bond of
Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the
like amount to the satisfaction of the concerned trial Court, jail sentence of
appellant-Heera Adiwasi shall remain suspended till disposal of this appeal and he
be released on bail. He is further directed to remain present before the Registry of
this Court on 14/07/2025 and thereafter, on such subsequent dates as may be fixed
by the Registry in this regard.
6. Appellant shall not be a source of embarrassment and harassment to
complainant side in any manner and shall not move in the vicinity of prosecutrix.
7. I.A.No.11233/2024 stands allowed and disposed of.
8. Copy of this order be sent to the trial Court concerned for information
and necessary compliance.
9. Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
(Dubey)
