Ganesh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 16534 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 2788 of 2017
                                              (GANESH YADAV Vs THE STATE OF MADHYA PRADESH)

                           Dated : 13-12-2022
                                 Shri Brahmendra Pathak - Advocate for the appellant.

                                 Shri Anil Upadhyay - Panel Lawyer for respondent / State.

Heard on I.A.No.5508/2022, repeat (third) application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant pending the appeal.

Appellant has been convicted for commission of offence under Section under Sections 376(1) of IPC and Sections 3 & 4 of POCSO Act and has been sentenced to undergo R.I. for 10-10 years with fine of Rs.15000/- - Rs.15,000/-/- with default stipulations vide judgment dated 11.5.2017 delivered by Special Judge, SC/ST (Prevention of Atrocities) Act, Singrouli, Session Division Baidhan (M.P.) in S.T. No.03/2016 (State of M.P. Vs. Ravi Nai and others).

Earlier applications being I.A.No.11844/2018 was dismissed as withdrawn vide order dated 14.7.2018 and I.A.No.15744/2021 was dismissed

on merits vide order dated 1.9.2021.

A s per prosecution case, on 2.12.2015, prosecutrix below 18 years, lodged the report. It is alleged that she is married lady. Her husband had gone for labourship at Himachal State. She was residing with her parents. She was doing work of labourship. On 29.11.2015, accused/appellant met her. He proposed to see video film. She went with accused/appellant to the video house. Thereafter, accused/appellant took her at Camp (Dera). Thereafter, accused/appellant committed intercourse without her consent. Thereafter, Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/14/2022 1:00:57 PM

accused/appellant went to take some food. In the meanwhile, other co-accused Ravi Nauwa reached there, he threatened the prosecutrix and committed intercourse with her. Accused/appellant did not return at house, then co- accused Ganesh Yadav came there and committed intercourse with her at night. Next morning, prosecutrix went to her parental house, she disclosed all the incident and her parents lodged the report.

Learned 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. Learned trial Court did not appreciate the evidence in proper perspective way. It is not proved that

at the time of incident, prosecutrix was below 18 years. Learned counsel for the appellant has further submitted that co-accused Chhotu @ Gulabuddin has already been released by suspending his jail sentence vide order dated 27.9.2021 passed in Cr.A. No.2328/2017. Therefore, it has been prayed that the execution of jail sentence of appellants be suspended and they be released on bail.

On the other hand, learned Panel Lawyer for the respondent/State has opposed the grant of bail to the appellant.

On a perusal of the record received from Superintendent, District Jail, Baidhan (Singrauli), it is revealed that appellant- Ganesh Yadav has already suffered more than 8 years 8 months jail sentence. Co-accused Chhotu @ Gulabuddin has already been released on bail. Therefore, having considered the arguments advanced by learned counsel for the parties including the detention period of the appellant, I am inclined to suspend the remaining jail sentence of the appellant.

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/14/2022 1:00:57 PM

Consequently, I.A. No.5508/2022 is allowed. The execution of jail sentence of appellant- Ganesh Yadav is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the Registry of this Court on 9.5.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 12/14/2022 1:00:57 PM