Ravi Ahirwar vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Record of the trial court received.

Heard on admission.

After perusal of the statement of the prosecutrix, appeal is having arguable point, hence it is admitted for final hearing.

Also heard on I.A. No.3804/2020, first application filed under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

Appellant stands convicted for the offence punishable under Section 363 of IPC and sentenced to undergo RI for 3 years with fine of Rs.1000/-, under Section 366 of I.P.C. and sentenced to undergo RI for 7 years with fine of Rs.2000/-, and under Sections 376(2)(n) of IPC, 5L/6 of the POCSO Act and sentenced to undergo RI for 10 years with fine of Rs.5000/-, respectively,

Having heard learned counsel for the parties and on perusal of the statement of prosecutrix especially on perusal of cross-examination of the prosecutrix, no doubt, the prosecutrix was 17 years and 9 months at the time of incident and she lived along with appellant and went along with the appellant. The appellant was on bail during trial.

Considering all the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is inclined to suspend the further custodial sentence of the appellant till final disposal of the appeal. Hence,I.A. No.3804/2020 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court on 06.01.2021 and all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upon the appellant shall remain suspended and he shall be released on bail.

It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case shall stand cancelled.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the appellant.

Let the appeal be listed for final hearing in due course.

Certified copy as per rules.