Madhya Pradesh High Court
Kailash Ahirwar vs The State Of Madhya Pradesh on 2 April, 2026
Author: Anand Pathak
Bench: Anand Pathak
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA NO. 12193 OF 2023
(KAILASH AHIRWAR VS. STATE OF M.P.)
Dated: 02.04.2026
Shri Ravi Rahul - Advocate for the appellant.
Shri Deependra Singh Kushwaha - Additional Advocate
General for the respondent/State.
Heard on I.A.No.8113/2025, second application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on behalf of appellant - Kailash Ahirwar.
This criminal appeal assails the judgment dated 04-09- 2023 passed in S.C.No.19/2022 by the III Additional Sessions Judge/Special Judge (POCSO Act), Vidisha whereby appellant has been convicted as under:
Section Imprisonment Fine 5(n), 5(m)/6 of 20 years' RI Rs.3,000/- with POCSO Act default stipulation.
It is the submission of learned counsel for appellant that the trial Court erred in convicting and awarding jail sentence to the appellant. Appellant suffered 3 years and 8 months' of incarceration as pre and post trial confinement and hearing of appeal shall take some time. It is further submitted that because of dispute shared by mother of prosecutrix with the appellant, this case has been registered because after levelling the allegations in MLC, mother of prosecutrix refused to take medical examination of prosecutrix. Therefore, neither MLC was IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 12193 OF 2023 (KAILASH AHIRWAR VS. STATE OF M.P.) carried out nor FSL and DNA examination were carried out. It indicates nature of allegations. In MLC, concerned doctor vide Ex-P/9 categorically submits that mother refused to any internal examination of prosecutrix. Interestingly, said document is exhibited by Investigating Officer (PW-7), rather than concerned duty doctor. Allegations are false in nature. Appellant has good case on merits and hearing of appeal would take some time. Thus, prayed for suspension of sentence and grant of bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of this application.
Considering the submissions and the fact that mother of prosecutrix and appellant shared dispute and at the time of MLC of prosecutrix, mother of prosecutrix did not permit internal medical examination of prosecutrix and MLC of prosecutrix Ex- P/9 is exhibited by Investigating Officer (PW-7), rather than concerned duty doctor, this Court intends to allow this application without expressing any opinion on the merits of the case.
If appellant - Kailash Ahirwar furnishes bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with one solvent surety of the like amount to the satisfaction of the trial Court that he shall appear before the IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA NO. 12193 OF 2023 (KAILASH AHIRWAR VS. STATE OF M.P.) Principal Registrar of this Court on 26-08-2026 and 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 is suspended till disposal of this appeal, subject to deposit of fine amount.
Appellant shall not be source of embarrassment and harassment to the complainant party/prosecutrix in any manner and shall not move in their vicinity. Appellant shall not try to contact the prosecutrix in any manner.
Copy of this order be sent to the trial Court concerned for information and necessary compliance.
Certified copy as per rules.
(ANAND PATHAK) (PUSHPENDRA YADAV)
Judge Judge
Anil*
ANIL KUMAR CHAURASIYA
2026.04.02 18:57:38
+05'30'