Hemant @ Holu vs The State Of Madhya Pradesh
2022 Latest Caselaw 2818 MP

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             The High Court of Madhya Pradesh
                                                       Cr.A.No.1504/2021

                Hemant @ Holu Vs. State of M.P.
Gwalior dated 28.2.2022
      Shri V.P.S.Tomar, learned counsel for the appellant.
      Shri Rajesh Shukla, learned Deputy Advocate General for
respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.32664/2021, 1st application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant -

Hemant @ Holu.

This criminal appeal assails the judgment dated 15.2.2021 passed

in S.T.No.231/2017 by the Second Additional Sessions Judge, Shivpuri,

whereby appellant has been convicted and sentenced as under :-

       Sections              Imprisonment                    Fine
376(1) of IPC.          11 years RI             Rs.2,000/- with
                                                default stipulation
450 of IPC              3 years RI              Rs.2,000/- with
                                                default stipulation

In brief the prosecution case is that on 2.10.2017 prosecutrix

aged about 18 years along with her father and brother lodged a report at

police Station, Goverdhan, Distt. Shivpuri, against appellant- Hemant

Jatav that on 2.10.2017 at 1 pm her mother, father and brother had gone

to cultivate the field. She was alone in the house and peeling

groundnut, at that juncture, appellant entered in her house, caught hold

of her and took her in a hut and forcibly committed sexual intercourse

with her. When she cried, he threatened her to kill. On hearing her

cries, her elder sister came there and on seeing her appellant ran away.

The High Court of Madhya Pradesh Cr.A.No.1504/2021

Prosecutrix informed the incident to her mother and father. Thereafter,

report was lodged. On her report, crime for the offence punishable

under Sections 376, 450, 506 of IPC was registered. Prosecutrix was

sent for medical examination. Appellant was arrested. After

investigation, charge-sheet under Sections 376, 450, 506 of IPC was

presented. After trial, the appellant has been convicted as aforesaid.

It is submitted by learned counsel for the appellant that it is a

matter of consent. On the date of incident, prosecutrix was above 18

years of age. During trial, appellant remained in custody for 57 days

and from the date of judgment i.e. 15.2.2021 he is in custody. He is

permanent resident of village Gajigarh, police Station Goverdhan,

Distt. Shivpuri. He has a good case on merits. Final hearing of the

appeal will take time. On such premises, learned counsel for the

appellant prayed for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Looking to the facts and circumstances of the case and that

appeal is of the year 2021 and final hearing of the appeal will take time,

but without commenting anything on the merits of the case,

IA.No.32664/2021 is allowed and it is directed that jail sentence of

appellant will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant's furnishing bail bond

of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety

The High Court of Madhya Pradesh Cr.A.No.1504/2021

of the like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 13th June,

2022 and thereafter on such further dates as may be fixed by the office

of this Court in this regard till disposal of the appeal.

C.c. as per rules.

               (Rohit Arya)                            (Deepak Kumar Agarwal)
                  Judge                                       Judge
ms/-


       MADHU
       SOODAN
       PRASAD
       2022.02.28
       18:09:19 +05'00'