Madhya Pradesh High Court
Sarwan vs The State Of Madhya Pradesh on 23 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-1183-2020
The High Court Of Madhya Pradesh
CRA-1183-2020
(SARWAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
6
Jabalpur, Dated : 23-07-2021
Heard through Video Conferencing.
Shri L.N. Sakle, Advocate for the appellant.
Ku. Kamlesh Tamrakar, P.L. for the respondent-State.
Shri K.S. Rajput, Advocate for the objector.
Record of the Court below is available.
Heard on the question of admission and perused the record.
Appeal is admitted for final hearing.
Heard on I.A. No.2190/2020, which is first application for suspension
of sentence and grant of bail to the appellant.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated 10.04.2019
passed by learned Special Judge (SC/ST Act), Khandwa District-Khandwa
(MP), in SC ATR No. 59/2017 by which the appellant has been convicted for
the offence punishable under Sections 376 of IPC and sentenced to undergo
R.I. for 7 years with a fine of Rs. 1,000/-, Section 323 of IPC and sentenced
to undergo R.I. for 6 years with a fine of Rs. 1,000/- and Sectin 3/4 of
POCSO Act, 2012 and sentenced to undergo R.I. for 7 years with a fine of
Rs. 100/- with default stipulation in each.
T he prosecution case in short that on 10.12.2016, appellant-accused
and other co-accused committed intercourse with the prosecutrix several
times and forced her to consume the poisonous substance due to this she
consumed the said pills and become unconscious then she disclosed the
entire facts to her parents and also informed to the mother. FIR was lodged.
Learned counsel for the appellant submits that accused-appellant is in
jail since 13.04.2017. He further submits that appellant learned Trial Court has
Signature Not Verified
SAN
committed grave error to convict and sentence the appellant. Trial Court has
Digitally signed by PALLAVI SINHA
Date: 2021.07.24 12:41:39 IST
2 CRA-1183-2020
acquitted the appellant from the offences punishable under Sections 376-(gha)
of IPC, Section 376(2)(N) of IPC and Section 3(2)(N) of SC/ST Act. The
appellant has already served almost half of his awarded jail sentence. Other
co-accused has already been released on bail by this Court. The matter of
appellant-accused is similar to the co-accused, who has already been released
on bail by this Court. There are material contradictions, omissions and
improvements in the version of the prosecution witnesses. This appeal is of
year 2020. It is the time of COVID-19 due to which final conclusion will take
time. There are fair chances to succeed in the case. Final hearing of this
appeal will take time. Therefore, the application filed on behalf of the
appellant may be allowed and the period of his remaining jail sentence may be
suspended further and he may be released on bail.
Learned Panel lawyer for the respondent/State and counsel for the
objector have opposed the application.
After hearing rival submissions of learned counsel for the parties,
looking to the circumstances of the case and the facts that Trial Court has
acquitted the appellant from the offences punishable under Sections 376-(gha)
of IPC, Section 376(2)(N) of IPC and Section 3(2)(N) of SC/ST Act, other
co-accused has been released on bail, the matter of the appellant is similar as
of the co-accused, who has been released on bail by this Court, appellant is
in jail since 13.04.2017, so he has served almost half of his awarded jail
sentence, this appeal is of year 2020 but without expressing any opinion on
the merits of the case, I am of the considered opinion that it would be
appropriate to suspend the custodial sentence awarded to the appellant and
grant bail to him.
Consequently, I.A. No. 2190/2020 is allowed subject to deposit of
fine amount, if not already deposited. The custodial sentence awarded to the
appellant shall remain suspended during the pendency of this appeal.
Appellant-Sarwan be released from custody subject to his furnishing
a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.24 12:41:39 IST
3 CRA-1183-2020
Only), with one surety in the like amount, to the satisfaction of the trial Court.
The appellant shall appear and mark his presence before the trial Court on
04.10.2021 and shall continue to do so on all such future dates, as may be
given by the trial Court in this behalf, during pendency of the matter.
List the appeal for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.24 12:41:39 IST
