Madhya Pradesh High Court
Bhavsingh vs The State Of Madhya Pradesh on 15 September, 2021
Author: Rajendra Kumar Srivastava
1 CRA-2565-2021
The High Court Of Madhya
Pradesh
CRA-2565-2021
(BHAVSINGH Vs THE STATE OF MADHYA PRADESH)
4
Jabalpur, Dated : 15-09-2021
Heard through Video Conferencing.
Shri M.P. Tripathi, Advocate for the appellant.
Shri Gopal Jaiswal, P.L. for the respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.6085/2021 first application for suspension
of execution of sentence awarded to the appellant and grant of bail.
The appeal has been preferred under Section 374(2) of the Cr.P.C.,
1973 by the appellant/accused against judgment dated 03.04.2021 in S.T.
No. 05/2016 passed by learned 3rd Addl. Sessions Judge, Distt.-
Burhanpur (M.P.), the appellant has been convicted for the offence
punishable under Section 376(2)(dha) of IPC and has been sentenced to
undergo R.I. for 10 years with a fine of Rs. 5,000/- and Section 366 of
IPC and has been sentenced to undergo R.I. for 3 years with a fine of Rs.
3,000/- with default stipulation in each.
As per prosecution case, on dated 05.12.2015, prosecutrix aged 19
years was going to her house. On the way appellant-accused met her and
threatened with knife and thereafter, took her forcefully on his motorcycle
to Savda, Maharashtra. Appellant-accused kept her in a hut and
committed intercourse with her. Meanwhile, her brother reached there
then appellant-accused ran away. Prosecutrix lodged the report on dated
22.12.2015.
Signature Not Verified
SAN Learned counsel for the appellant submits that appellant/accused
Digitally signed by PALLAVI SINHA
Date: 2021.09.16 18:03:44 IST
2 CRA-2565-2021
has falsely been implicated in this case. Learned trial Court did not
appreciate the evidence in perspective way. It appears from the record
that at the time of incident, prosecutrix was 19 years old. Prosecutrix
went with appellant-accused to so many places but she did not raise any
objection. She also admitted this fact that on the way, she stayed in a
hotel and took some snacks but at that time, she did not raise any
objection and she also did not complaint to anyone regarding this. It is
alleged by the prosecution that appellant-accused took prosecutrix on his
motorcycle to Savda Maharashtra. During the journey prosecutrix did not
raise any objection. So, prosecutrix is wholly consenting party in this
matter. FIR is lodged with inordinate delay. There are material
contradictions and omissions in the evidence of the prosecution
witnesses. Prosecutrix (PW-9) also deposed before the trial Court that a
lady police told her to lodge a false report against the appellant-accused
to teach a lesson to the appellant-accused. Prosecutrix lodged the report
under the instruction of that lady police. Prosecutrix told to the
Investigating Officer that she want to solemnize marriage with appellant-
accused. So, this is a matter of consent. Appellant/accused is in custody
since 03.04.2021 and during trial, he remained in jail from 25.12.2015 to
17.05.2016. This appeal is of the year 2021. It is the time of COVID-19
pandemic, due to which final hearing of this appeal will take time. There
is every possibility to succeed in this appeal. Under these circumstances,
if the execution of jail 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 to the present appellant-accused.
On the other hand, learned Panel Lawyer for the respondent-State
opposes the submission of appellant's counsel and prays for its rejection.
Heard and perused the record.
Having considered the arguments advanced by learned counsel for
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.09.16 18:03:44 IST
3 CRA-2565-2021
the parties and the facts that at the time of incident, prosecutrix was 19
years old, she had gone with appellant-accused to Savda, Maharashtra,
during the journey she did not raise any objection, during this period,
father of prosecutrix did not lodge any report against the appellant-
accused, then, her brother reached Savda Maharashtra then she came
with her brother, she also admitted this fact that she has lodged the report
against the appellant under the instruction of one lady police, prosecutrix
wants to solemnize marriage with appellant-accused, appellant is in jail
since 03.04.2021 and remained in jail from 25.12.2015 to 17.05.2016,
this appeal is of the year 2021, it is the time of pandemic COVID-19, due
t o w hi c h fi na l hearing of this appeal will take time but without
commenting anything on the merits 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-Bhavsingh
shall remain suspended during the pendency of this appeal and he be
released on bail on his furnishing a personal bond for a sum of
Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in
the same like amount to the satisfaction of the trial Court for his
appearance before the learned trial Court on 22.11.2021 and thereafter
on all other such subsequent dates, as may be fixed by the trial Court in
this regard.
In 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.
Further, in view of the order passed by the Hon'ble Supreme
Court in suo moto W.P.No.1/2020, it would be appropriate to issue the
following direction to the jail authority:-
Signature Not Verified
SAN
1. The Jail Authority shall ensure the medical examination of the
Digitally signed by PALLAVI SINHA
Date: 2021.09.16 18:03:44 IST
4 CRA-2565-2021
appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from
'Corona Virus disease'. For this purpose appropriate tests will be
carried out.
3 . If it is found that the appellant is suffering from 'Corona
Vi r u s disease', necessary steps will be taken by the concerned
authority by placing him in appropriate quarantine facility.
List this matter for final hearing in due course, as per listing policy.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.09.16 18:03:44 IST
