Rahul Uke vs The State Of Madhya Pradesh
2022 Latest Caselaw 3781 MP

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         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                  CRA No. 1574 of 2017
                           (RAHUL UKE Vs THE STATE OF MADHYA PRADESH)

Dated : 16-03-2022
      Mr. Ashish Tiwari, learned counsel for the appellant.
      Mr. Rajesh Chand, learned Government Advocate for the respondent/State.

Heard on I.A.No.464/2022 which is fifth application for suspension of sentence and grant of bail to the appellant who stands convicted vide judgment dated 03.04.2017 passed by learned first Additional Sessions Judge, Waraseoni, district - Balaghat, MP in Sessions Case No.84/2012 for offence punishable under Section 376 (2) (g) of the Indian Penal Code

and sentenced to undergo R.I. for ten years with fine of Rs.15,000/- and default stipulation.

Earlier applications, namely, I.A. No.7820/2017, I.A. No.3913/2018, I.A. No.6339/2018 and I.A. No.12702/2019 have been dismissed vide orders dated 05.01.2018, 07.08.2018, 04.05.2018 and 17.07.2020.

Learned counsel for the appellant submits that the appellant has been erroneously convicted by the trial Court without proper appreciation of the evidence on record. It is contended that other co-accused, namely, Rammu @ Ramesh has been released on bail and his stence has been suspended in Criminal Appeal No.1495/2017 vide I.A. No.7442/2017. It is further contended that the appellant was not named in the FIR and further that the

prosecutrix had not identified the present appellant in the test identification report. The appellant has not committed rape nor has he recorded the video. It is further contended that the appellant is in custody for a period more than five years and the final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application. Heard learned counsel for the parties and perused the record. Looking to the facts that in her statement, the prosecutrix has not stated anything against the appellant; the appellant was not identified in test identification parade; neither he committed rape nor he recorded video; his custody period as well as keeping in view the principle of parity, without commenting upon the merits of the case, I.A. No.464/2022 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant- Rahul Uke shall remain suspended

during the pendency of this case and he be released on bail. The appellant shall appear before the concerned trial Court on 26.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.464/2022 stands disposed of.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.16 18:03:02 IST