Smt. Bitti Jaat vs The State Of Madhya Pradesh
2021 Latest Caselaw 8103 MP

                                                                             1                                CRA-6605-2021
                                                The High Court Of Madhya Pradesh
                                                         CRA No. 6605 of 2021
                                                           (SMT. BITTI JAAT Vs THE STATE OF MADHYA PRADESH)


                                        Jabalpur, Dated : 02-12-2021
                                              Shri Shyam Yadav, Advocate for the appellant.

                                              Shri Teekaram Kurmi, Panel Lawyer for the respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.19667/2021, which is an application filed by the

accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of Special Judge/9th Addl. Session Judge (POCSO Act, 2012) Sagar, District Sagar (MP), in S.T. No.57/2016 vide its judgment dated 26.10.2021, convicting the appellant/accused under Section 368 of the IPC and sentenced him to undergo RI for 10 years with fine of Rs.1,000/- and Section 376(2)(n)/109 of the IPC and sentenced him to undergo RI for 10 years with fine of Rs.1,000/ with default stipulation on, as mentioned in the impugned judgment.

As per prosecution case, on 25.9.2015, prosecutrix aged 17 years was

missing from her house. She was searched, but not found. FIR was lodged. Thereafter, prosecutrix was recovered. It is alleged by the prosecution that co-accused Bablu @ Jitendra Jaat kidnapped prosecutrix and kept in his house. Present accused/appellant and other co-accused were also resided in that house. Co-accused Bablu @ Jitendra Jaat committed intercourse with her. Present accused/appellant co-operated in this case to co-accused Bablu @ Jitendra Jaat.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this case. Learned trial Court committed grave error in convicting and sentencing the accused/appellant. Execution of jail sentence of co-accused- Ramrani and Devi Singh has been suspended and they have been granted bail by this Court by order dated 12.2.2020 and execution of jail sentence of co-accused- Bablu @ Jitendra Jaat Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.12.03 10:24:25 IST 2 CRA-6605-2021 has been suspended and he has been granted bail by this Court by order dated 19.1.2021, in Cr.A.No.11138/2019. Case of present accused/appellant is akin to co-accused Ramrani, Devi Singh and Bablu @ Jitendra Jaat. Accused/appellant remained in jail during trial from 6.10.2015 to 2.11.2015 and 4.9.2021 to 26.10.2021 and at present she is in jail since 14.12.2019.

This appeal is of year 2021 and hearing of this appeal will take time to conclude the same. There are material contradictions and omissions in the statement of the witnesses. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the fact that execution of jail sentence of co-accused- Ramrani and Devi Singh has been suspended and they have been granted bail by this Court by order dated 12.2.2020 and execution of jail sentence of co-accused- Bablu @ Jitendra Jaat has been suspended and he has been granted bail by this Court by order dated 19.1.2021, in Cr.A.No.11138/2019, case of present accused/appellant is akin to co-accused Ramrani, Devi Singh and Bablu @ Jitendra Jaat. Accused/appellant remained in jail during trial from 6.10.2015 to 2.11.2015 and 4.9.2021 to 26.10.2021 and at present she is in jail since 14.12.2019, this appeal is of year 2021, final hearing of this appeal will take time, but without commenting anything on the merit of the case, the said I.A. is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Smt. Bitti Jaat shall remain suspended during the pendency of this appeal and she be released on bail on her furnishing a

Signature Not Verified personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.12.03 10:24:25 IST 3 CRA-6605-2021 with one solvent surety in the amount of Rs. 50,000/- to the satisfaction of the trial Court for her appearance before the trial court on 18.1.2022 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.12.03 10:24:25 IST