Ramniwas @ Baba vs The State Of Madhya Pradesh
2022 Latest Caselaw 10325 MP

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                  THE HIGH COURT OF MADHYA PRADESH
                        CRA No.2494 of 2021
                    (Ramniwas @ Baba Vs. State of M.P.)

Gwalior, Dated : 29.07.2022

      Shri B.K.Sharma, learned counsel for the appellant.

      Shri   BPS    Chauhan,    learned    Public   Prosecutor   for   the

respondent/State.

Shri Ashish Jadon, learned counsel for complainant.

Heard on I.A. No.11308/2022, fourth application under Section

389 (1) of the Cr.P.C., seeking suspension of sentence and grant of bail

filed on behalf of the appellant Ramniwas @ Baba.

Present appellant has been convicted vide judgment dated

13.03.2012 passed by Second Additional Sessions Judge, Shivpuri, in ST

No.229/2016 as under:-

Under Section               Imprisonment       Fine
306/34 of IPC               05 years           2000/-
384/34 of IPC               02 years           2000/-
66(E) of IT Act             01 Year            2000/-

This Court while allowing to withdraw the application for

suspension of sentence on 17.12.2021 and 13.04.2022 granted three

months' liberty for revival of application after three months on each

occasion. The appellant has already undergone almost two years of jail

sentence.

As per prosecution story, prior to marriage of the deceased to

Lokesh on 21.04.2015, main accused Lakhan Saini had manipulated her

and sexually exploited. He had also got prepared a video clipping of the

scene of sexual intercourse with the deceased through the present

appellant Ramniwas @ Baba. Thereafter, she has been repeatedly

sexually exploited with the threat of making such video clip viral. On the

fateful day because of repetition of aforesaid act of blackmailing, the

deceased committed suicide on 14.04.2016, accordingly case has been

registered. Upon recording of the statement of witnesses and collection

of material, challan has been filed and case was committed to Sessions

Court for trial. Trial Court upon evaluation of the evidence placed on

record, convicted the appellant and main accused Lakhan Saini as

aforesaid.

Shri B.K.Sharma, counsel for the appellant submitted that

appellant is aged about 66 years and has no criminal antecedents.

Appellant has been robbed only with the allegation that he had prepared

the video. The proximity of the seized camera with the alleged video is

not established as it was an old camera from which no video could be

made. Even otherwise, the impugned judgment suffers from conjecture

surmises and relevant evidence and material placed on record.

Per contra, Shri BPS Chauhan, learned Public Prosecutor for the

State assisted by learned counsel for complainant supported the

impugned judgment and vehemently opposed the prayer and submitted

that no exception can be taken to the impugned judgment in the matter of

suspension of sentence. Hence, prayed for dismissal of application for

suspension of sentence. Upon hearing counsel for the parties, though

this court refrains from commenting upon rival contentions touching

merits of the matter but looking to the fact that appeal is of year 2021 and

appellant has already suffered almost 2 years as against 5 years of jail

incarceration without any criminal record, besides this Court has granted

liberty of three months, on 17.12.2021 and 13.04.2022 therefore, this

Court is of the view that the application deserves to be allowed. It is,

accordingly, directed that execution of jail sentences of appellant shall

remain suspended during pendency of this appeal and he shall be

enlarged on bail subject to furnishing personal bond in the sum of

Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) with one

solvent surety in the like amount to the satisfaction of the Trial Court and

also subject to deposit of the fine amount (if not already deposited) for

his appearance before the Registry of this Court on 28/09/2022, and on

other subsequent dates as may be fixed in this behalf with following

further conditions:-

(i) The concerned jail authorities are directed that before releasing the appellant, the medical examination of appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A.No.11308/2022 stands allowed and disposed of.

Certified copy as per rules.

List for final hearing in due course.

                                                                (Rohit Arya)                             (Anand Pathak)
                                                                  Judge                                      Judge

   Ashish*

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA

CHAUR PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b5195154c3d4de08c6 bb9303e52e2e7e728d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C2790FA9A0FD201 D0242B64, serialNumber=A926F3CBF979ECA6A4C477577EEDBA3

ASIA AB4F94593A930B98DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2022.08.01 11:51:47 -07'00'