Madhya Pradesh High Court
Neeraj Rai vs The State Of Madhya Pradesh on 27 June, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2631 of 2022
(NEERAJ RAI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-06-2022
Shri Anil Khare, learned senior counsel with Shri Rohan Harne, learned
counsel for the appellant.
Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
This appeal is admitted for final hearing.
Heard on I.A.No. 4799/2022, an application under Section 389(1) of
the Cr.P.C. for suspension of execution of sentence and grant of bail to the
appellants pending appeal.
The appellants have been convicted under Section 452 of IPC and has
been sentenced to undergo R.I. for 5 years and fine of Rs. 2000/-, Section 354
of IPC and has been sentenced to undergo R.I. for 4 years and fine of Rs.
2000/- and Section 3(1)(b)(i) of SC/ST (Prevention of Atrocities) Act 1989 and
has been sentenced to undergo R.I. for 4 years and fine of Rs. 2000/- with
default stipulation by the learned Special Judge, Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act 1989 District Seoni (MP) vide
judgment dated 10.03.2022 passed in SCATR No. 200110/2016 (State of MP
Vs. Neeaj Rai and another).
Learned counsel for the appellants has submitted that there is no reliable
and independent evidence against the appellants except the evidence of
prosecutrix who was interested witness. Appellants No. 1 and 2 are real uncle
and nephew and in Indian society it cannot even tinkered with that uncle and
nephew would enter into the house of a lady and will simultaneously attempt to
outrage the modesty of any woman in her own home. Learned counsel further
submitted that there was enmity between the father of prosecutrix and father of
appellant No. 1, over dispute of sale of house. A false and fabricated story has
been cooked up. Learned counsel further submitted that appellants have already
served the jail sentence for more than three months. There is no possibility of
coming this appeal for hearing in near future. Learned senior counsel has taken
me though the evidence of witnesses and has submitted that evidence of
prosecutrix is not reliable as she was under the pressure of family. She is not a
believable witness. They shall abide by all the conditions whatsoever imposed
by this Court. Therefore, it has been prayed that jail sentence of appellants be
suspended and they be released on bail till final disposal of the appeal.
Learned Panel Lawyer for the respondent/State has opposed the bail
application and has submitted that the evidence of prosecutrix stand
corroborated by medical evidence. Therefore, he has prayed for dismissal of
the bail application.
I have gone through the evidence of prosecutrix and evidence of other
witnesses available on record, the conviction is based only on single testimony
of the prosecutrix. Appellants are in jail for more than three months.
Without expressing any opinion on the merits of the case, having taken
into consideration all the facts and circumstances of the case including the
evidence of witnesses and material available on the record, I deem it proper to
suspend the remaining jail sentence of the appellants because final hearing of
this appeal is not possible in near future.
Accordingly, aforesaid I.A.No. 4799/2022 is allowed. The execution
of jail sentence of appellants-Neeraj Rai and Jitendra Rai is hereby
suspended subject to depositing the fine amount, (if not already deposited).
I t is directed that the appellants be released on bail on their furnishing a
personal bond to a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each
with one solvent surety each of the like amount to the satisfaction of the trial
court with a further direction to appear before the trial Court on 17.10.2022
and also on such other dates, as may be fixed by that Court in this regard
during the pendency of this appeal.
List the case for final hearing in due course as per listing policy.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
L.R.
Digitally signed by LALIT
SINGH RANA
Date: 2022.06.28
12:01:28 +05'30'
