Anil Ahirwar vs State Of Madhya Pradesh

Sunita Yadav, J

Heard on the question of admission.

Let record of the court below be called for.

Heard on I.A.No. 20286 of 2023, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved by sole appellant - Anil Ahirwar with an alternative prayer for grant of temporary bail as record has not been received.

This Criminal Appeal assails the judgment dated 04.10.2023 passed by 3rd Additional Sessions Judge/Special Judge (POCSO), District Vidisha (M.P.) in ST No.03/2023, whereby, appellant has been convicted and sentenced under Section 354, 354 (A) of IPC to undergo rigorous maximum imprisonment of One year with maximum fine of Rs.500/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly been convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. He further submits that the appellant was on bail during trial and he did not misuse the liberty so granted. The appellant has already served incarceration of Five days during trial out of total awarded jail sentence of One year. The trial court has already suspended the sentence of the appellant for a period of one month from the date of judgment i.e 04/10/2023 which is expiring tomorrow (03/11/2023).

The appeal is likely to take long time to conclude. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

In view of the above, I.A. No. 20286 of 2023 is allowed. It is hereby directed that on furnishing the personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the concerned trial Court, appellant shall be released on bail temporarily for a period of two months from the date of his release. He shall surrender before the trial Court immediately after lapse of interim bail period of two months and file relevant documents with regard to surrender before the registry of this Court.

Trial Court is directed to intimate this Court regarding surrender of appellant.

List this matter on 20.12.2023 along with the record.

E-copy/Certified copy as per rules.