Golu @ Bhujbal vs The State Of Madhya Pradesh
2022 Latest Caselaw 3690 MP

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                HIGH COURT OF MADHYA PRADESH,
                          BENCH AT GWALIOR
                              CRA-6361-2018
                     (Golu @ Bhujbal Vs. State of M.P.)


Gwalior, Dated : 15/03/2022

       Shri Naveen Kumar Saxena, learned counsel for the appellant.

       Shri Vijay Sundaram, learned Panel Lawyer for the respondent/State.

Per Justice Deepak Kumar Agarwal:

IA. No.1077/2022, 3rd application under Section 389 of Cr.P.C. for

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

@ Bhujbal is taken up and considered. The first and second applications

were dismissed as withdrawn vide orders dated 20/06/2019 & 07/09/2021

respectively.

This criminal appeal assails the judgment dated 09/07/2018 passed in

Special Case No.179/2017 by the Special Judge, Vidisha constituted under

the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act,

whereby the appellant has been convicted and sentenced as under :-

          Sections                Sentence        Fine (Rs.)      Default
                                                                Stipulation
    377/511/34 of IPC            10 Years RI        5,000/-     2 Years RI
 3(b)/4/18 of the POCSO          10 Years RI        5,000/-     2 Years RI
           Act
 3(2)(v) of the SC/ST Act     Life Imprisonment     5,000/-          -

In brief the prosecution case is that on 15/07/2017 at 4 P.M., when the

complainant was standing in front of his house, the co-accused- Shubham,

whom he knew previously, came and asked to come along with him towards

New Colony. Thereafter, co-accused took him to a open garage, where the

present appellant- Golu Ahirwar also came. Co-accused- Shivam abused the

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-6361-2018 (Golu @ Bhujbal Vs. State of M.P.)

complainant by saying that he did not bring tobacco (Gutka) and pulled down

his undergarment and made him nude. Thereafter, they put him on a cot and

co-accused tried to insert Lathi in his anus. They also committed Marpeet

with him. After some time, they freed him.

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

is an innocent and he has falsely been implicated in this case. No specific

role has been assigned to the appellant. It is also submitted that elder brother

of the complainant namely- Vinod (PW-2) has stated in his examination-in-

chief that Rajesh Kushwaha showed him video of the incident on his mobile

and thereafter he inquired from the complainant and then report was lodged,

but Rajesh Kushwaha (PW-5) did not support the prosecution story and

declared hostile. He specifically denied in his cross-examination that he

showed any video on his mobile to Vinod. It is further submitted that co-

accused- Shivam Pal, who is the main accused, has already been granted the

benefit of suspension of sentence by this Court vide order dated 07/01/2022

and the appellant claims parity with the said co-accused. The appellant is in

custody from the date of arrest i.e. 24/07/2017, thus, he has already suffered

incarceration of about 4 years and 8 months. Hearing of the appeal will take

time. He has a good case on merits. On such premises, learned counsel for

the appellant prayed for suspension of sentence and grant of bail.

Learned counsel for the State opposed the application and prayed for

its rejection.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-6361-2018 (Golu @ Bhujbal Vs. State of M.P.)

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA. No.1077/2022 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 of the like amount to the satisfaction of

concerned Trial Court for his appearance before the Principal Registrar of

this Court on 13th of 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.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

Certified copy/e-copy as per rules/directions.

   (ROHIT ARYA)                             (DEEPAK KUMAR AGARWAL)
      JUDGE                                        JUDGE



                                                               Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4

rahul dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9 D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.03.15 18:24:38 +05'30'