Roshan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6083 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        CR. A. No. 1801 / 2021
                       ROSHAN Vs. STATE OF MP
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INDORE, Dated : 27/09/2021
       Heard through video conferencing.
       Mr. Ayushman Choudhary, learned counsel for the
appellant.
       Mrs. Vinita Phaye, learned Government Advocate for the
respondent - State.

Heard on I.A.No. 12341/2021, an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant Roshan for suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 26/02/2021 passed by the learned Special Judge, Barwani in Special Case No. 22/2018, as under :

  Conviction                           Sentence
   Section           Act.    Imprisonment Fine          Imprisonment
                                                        in lieu of fine
366A           IPC           7 years       Rs.2000/-    6 months RI
376(2)(n)      IPC           10 year       Rs.3000/-    1 year RI
3(2)(v)        SC / ST        Imprisonment Rs.4,000/-   1 year RI
               (Prevention of for life
               Atrocities)
               Act, 1989

Learned counsel for the appellant submits that appellant has a very strong case. The prosecution has completely failed to prove their case. Appellant is in Jail since 30/8/2018. Learned Court below has committed a grave error of law and facts in not appreciating the evidence brought on record in its true perspective. The Court below has failed to consider that on the basis of documentary and oral evidence, appellant could not have been held guilty for the aforesaid offences. Final conclusion of this appeal is likely to take a sufficient long time. Till then the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 1801 / 2021 ROSHAN Vs. STATE OF MP

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sentence passed against the appellant is not suspended, the very purpose of filing of this appeal would be frustrated. Under these circumstances, learned counsel for the appellant prays for grant of bail and suspension of execution of jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for suspension of custodial sentence and submits in the written reply and during the course of arguments that the impugned order of conviction is based upon appreciation of oral as well as documentary evidence. Prosecutrix (PW 1) has categorically stated in her statement that appellant abducted her and committed rape upon her several times against her wishes, therefore, no case is made out for grant of bail and and suspension of execution of jail sentence. In such circumstances the application be dismissed.

We have heard learned counsel for both the parties and perused the record of the Court below.

After considering the submissions made by the learned counsel for the parties and keeping in view the overwhelming evidence regarding direct and indirect evidence, coupled with the medical evidence, it is evident that prosecutrix (PW 1) is a major lady. Her parent (PW 2) and other witnesses also admits in their testimony that there was doubt that the prosecutrix had love affair with the appellant. Prosecutrix had lived with the appellant 2 or 3 days, but she did not make any complaint regarding the aforesaid offence to the neighbours or to any other person. Looking to the evidence available on record, it is an appeal of 2021, therefore, final conclusion of this appeal is likely to take HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 1801 / 2021 ROSHAN Vs. STATE OF MP

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sufficiently long time, without commenting upon the merits of the case, it would be appropriate to accept the application of applicant - Roshan. Accordingly, I.A.No. 12341/2021 is allowed.

It is directed that execution of remaining jail sentence of appellant Roshan shall remain suspended and he be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rs. One lac only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Office / Registry of this Court on 15/12/2021 and on such other dates as may be fixed in this behalf.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.

                    (SUJOY PAUL)                      (ANIL VERMA)
                      JUDGE                             JUDGE
        KR




Digitally signed by KAMAL RATHORE
Date: 2021.09.27 14:09:54 +05'30'