Madhya Pradesh High Court
Pawan Dohre vs The State Of Madhya Pradesh on 10 September, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-625-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 625 of 2025
(PAWAN DOHRE Vs THE STATE OF MADHYA PRADESH )
Dated : 10-09-2025
Shri Sanjay Bahirani - Advocate for the appellant.
Shri B.P.S.Chauhan - Public Prosecutor for the respondent/State.
Heard on I.A.No.2846/2025, first application under Section 430 of
BNSS for suspension of sentence and grant of bail on behalf of sole
appellant- Pawan Dohre.
2. This criminal appeal assails the judgment dated 03.12.2024 passed
by the Special Judge (POCSO) Act/Additional Sessions Judge, Lahar, Distt.
Bhind (M.P.) in SC No.28/2020; whereby, appellant has been convicted
under Sections 363, 366 of IPC and Section 6 read with 5(m) of the POCSO
Act and sentenced to undergo 4 years RI with fine of Rs.1,000/-, 5 years RI
with fine of Rs.1,000/- and 20 years RI with fine of Rs.10,000/- respectively
with default stipulation.
3. It is the submission of counsel for appellant that trial Court erred in
convicting and awarding jail sentence to present appellant. It is further
submitted that appellant has already suffered 1 year of incarceration as pre
and post trial confinement on false pretext. Case was of consent and
prosecutrix was major at the relevant point of time. Her statement under
Section 164 of Cr.P.C. indicates consensual nature of relationship. Even in
her Court statement, she admits the fact that she left her matrimonial home
on her own volition and lived with appellant for some days as couple. Final
2 CRA-625-2025
hearing of the appeal shall take some time and he has a good case on merits,
specially when medical report belies the allegation. He undertakes not to be a
source of embarrassment/harassment to the prosecutrix and shall not move in
her vicinity to harass her. Fine amount has already been deposited. On these
grounds, he prays for grant of suspension of sentence and bail.
4.Learned counsel for respondent/State opposed the prayer and
submits that prosecutrix has now married to a different person, and therefore,
if bail is granted, then appellant may harass the prosecutrix.
5.Considering the submissions and looking to the nature of offence as
well as the fact that prosecutrix is married, but without expressing any
opinion on the merits of the case, the application for suspension of sentence
(I.A.No.2846/2025) is allowed but with certain stringent conditions as per
the mandate of Hon'ble Apex Court in the case of Aparna Bhatt Vs. State of
M.P. reported in 2021 SCC Online 230.
6 . If appellant- Pawan Dohre furnishes bail bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) along with one solvent surety of
the like amount to the satisfaction of the trial Court that he shall appear
before the Principal Registrar of this Court on 15/12/2025 and thereafter, on
all other subsequent dates as may be fixed by the Office for appearance, then
he shall be released on bail and execution of jail sentence shall remain
suspended till disposal of this appeal, subject to deposit of fine amount.
7. Appellant shall not move in the vicinity of the prosecutrix and shall
not be a source of embarrassment and harassment to the prosecutrix and her
family members in any manner, otherwise, benefit of suspension of sentence
3 CRA-625-2025
shall be immediately withdrawn.
8. Appellant shall not try to contact the prosecutrix and her family
members by himself, through somebody else or through any electronic
device, otherwise, benefit of suspension of sentence shall be immediately
withdrawn.
9. Appellant shall not visit the village/town/ police station area where
the prosecutrix resides in any manner so that she may not be harassed in any
manner.
10. The appellant shall mark his presence on first Sunday of every
month before the concerning police Station between 10 am to 2 pm for next
two years.
11. The I.A. stands allowed and disposed of, accordingly.
A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
ms/-
