Madhya Pradesh High Court
Halkebhai vs The State Of Madhya Pradesh on 24 November, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-13297-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 13297 of 2024
(HALKEBHAI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 24-11-2025
Shri Siddharth Datt- Advocate for the appellants.
Ms. Shweta Yadav- Public Prosecutor for respondent No.1/State.
Heard on I.A. No.21486/2025, which is an application for suspension
of sentence and grant of bail to the appellant No.2- Muneem s/o Budhasingh
Gond and I.A. No.21176/2025, which is an application for suspension of
sentence and grant of bail to the appellant No.3-Muneem s/o
Pahalwan@Vijay Yadav.
Appellant No.2- Muneem and appellant No.3- Muneem, are aggrieved
of the judgment dated 13.11.2024, passed by the learned Special Judge,
POCSO Act, 2012/Third Additional Sessions Judge, Damoh, District Damoh
(M.P.), in SCATR No.42/2022, whereby, appellants No.2 and 3 have been
convicted and sentenced as under:-
Appellant No.2-Muneem
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
363 I.P.C. R.I. for 4 years Rs.1,000/- R.I for 15 days.
366 I.P.C. R.I. for 7 years Rs.1,000/- R.I. for 15 days.
372 I.P.C. R.I. for 8 years Rs.2,000/- R.I. for 1 month.
POCSO
5(छ )/6 R.I. for life Rs.5,000/- R.I. for 2 months.
Act
Appellant No.3-Muneem
Conviction Sentence
2 CRA-13297-2024
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
363 I.P.C. R.I. for 4 years Rs.1,000/- R.I for 15 days.
366 I.P.C. R.I. for 7 years Rs.1,000/- R.I. for 15 days.
372 I.P.C. R.I. for 8 years Rs.2,000/- R.I. for 1 month.
POCSO R.I. for 2
5(छ )/6 R.I. for life Rs.5,000/-
Act months.
SC/ST
(Prevention
R.I. for 2
3(2)(v) of R.I. for life Rs.5,000/-
months.
Atrocities)
Act
Learned counsel for the appellants submits that appellants are innocent
and they have falsely been implicated. It is also submitted that appellants
Sonu and Halkebhai have been extended benefit of suspension of sentence
by this Court vide order dated 22.08.2025 and case of the present appellants
are on similar footing. Hence, prayer is made to suspend the remaining jail
sentence of appellants and to release them on bail on the ground of parity.
Learned Public Prosecutor for the respondent/State opposed the
application and prayed for it's dismissal.
After hearing learned counsel for the parties and going through the
record and in view of the fact that victim has not stated about their role either
in her 161 or 164 Cr.P.C. statements and so also keeping the concept of
parity in mind, without commenting on the merits of the case, we are of the
considered opinion that this is a fit case to suspend the remaining jail
sentence of the appellants No.2 and 3 and to release them on bail.
Accordingly, I.A.No.21176/2025 and 21486/2025 are allowed.
3 CRA-13297-2024
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.30,000/-
(Rupees Thirty Thousand Only) each, with two solvent sureties each in the
like amount to the satisfaction of the Trial Court for his appearance before
the Trial Court on 28.01.2026 and such other dates as may be fixed by the
Trial Court, the execution of remaining part of jail sentence imposed upon
appellant No.2- Muneem s/o Budhasingh Gond and appellant No.3-Muneem
s/o Pahalwan@Vijay Yadav shall remain suspended and they shall be
released on bail till final disposal of the appeal.
C. C. as per rules.
(VIVEK AGARWAL) (RAMKUMAR CHOUBEY)
JUDGE JUDGE
SS
