Arun Sahu vs State Of Madhya Pradesh

Gajendra Singh , J

Heard on the question of admission.

Also heard on IA No.3193/2026, which is first application under Section 430 (1) of the BNSS, 2023 filed on behalf of the appellant-Arun Sahu.

The appellant has been convicted vide judgment dated 28.02.2026 passed in SC No.5/2025 by the Special Judge, (POCSO) Act, 2012 Mandsaur (MP) under section 7/8 of the POCSO Act, 2012 sentenced to undergo RI for 3 years with fine of Rs.2,000/- and under section 126(2) of the BNS, 2023 sentenced with fine of Rs.2,000/- with default stipulations.

Counsel for the appellant submits that appellant is innocent and he has falsely been implicated in the aforementioned crime. The jail sentence of the appellant was already suspended by the trial court itself. This appeal is of the year 2026 and its final disposal would take considerable long time to conclude. Hence, in such circumstances, prayer is made to enlarge the appellant on bail.

Learned counsel for the State opposed the bail application and prayed for its dismissal.

Considering the fact and circumstances of the case and the fact that jail sentence of the appellant already suspended without commenting anything on the merits of the case, this Court is of the considered opinion that suspension application of appellants deserves to be allowed.

Accordingly, IA No.3193/2026, is allowed and remaining jail sentence of appellant is hereby suspended till final disposal of this appeal. It is directed that appellant shall be released on bail subject to depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand)with one solvent surety in the like amount to the satisfaction of trial court, with a further direction to appear before the Registry of this court on 07.09.2026 and on such other dates, as may be fixed by the Registry of this Court in this behalf, during the pendency of this appeal.

Apart from that appellant is directed not to come in contact with the victim physically or through any other mode of communication, including social media platforms. The appellant shall also not visit, enter, or be present in or around the area/locality where the victim resides. In case of any violation of these conditions, the trial court shall be at liberty to cancel the bail without reference to this Court.

Copy of this order be forwarded to the victim in the light of the judgment in the case of Aparna Bhatt Vs. State of M.P. - AIR 2021 SC 1492.

List in due course.