Madhya Pradesh High Court
Gabbar @ Brajesh Bhalawi vs The State Of Madhya Pradesh on 24 November, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7598 of 2022
(GABBAR @ BRAJESH BHALAWI Vs THE STATE OF MADHYA PRADESH)
Dated : 24-11-2022
Shri B.K. Upadhyay, learned counsel for the appellant.
Shri Manoj Kumar Singh, learned P.L. for the respondent / State.
Heard on admission.
The appeal is admitted for hearing.
Also heard on I.A. No. 18369/2022, which is an application for
suspension of sentence and grant of bail to appellant- Gabbar @ Brajesh
Bhalwai arising out of judgment dated 28.07.2022 delivered in S.T.No.55/2020
by Sessions Judge, Narmadapurum, Distt. Narmadapurum.
T h e appellant has been convicted under Section 376(1) of IPC and
sentenced to undergo R.I. for 10 years with fine of Rs.100 and Section 450 of
IPC and sentenced to undergo R.I. for 10 years and fine of Rs.100/- with
default stipulations.
Learned counsel for the appellant submits that as per prosecution story
the appellant committed offence under section 376(1) of IPC and also under
Section 450 of the said Code. By placing reliance on the factual matrix, it is
argued that on 11.08.2020 the appellant at around 3 P.M. entered the house of
the prosecutrix, sat on her bed and started talking with her. During the same
time, the prosecutrix's husband entered the house and there was a quarrel and
assault between them. Thereafter appellant left the house of the prosecutrix. He
came back after around one hour and sexually assaulted her. By placing reliance
on the statement of prosecutrix (PW-1), Shri Upadhyay submits that her
statement makes it clear (Para-3) that appellant used to visit her house on regular
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/24/2022
5:09:23 PM
basis. She was in contact with the appellant on the mobile phone. She even
admitted that earlier also the appellant used to visit the house of the proescutrix
when her husband was not at home. It is submitted that prosecutrix was a
consenting party. For the same purpose, statement of husband of the
prosecutrix Sanjay Kumar Dhurvey (PW-2) is relied upon who admitted that
when he approached his house on the date of incident, her wife and appellant
were inside the house. Husband (PW-2) also admitted that appellant used to
visit his house and meet his wife in his absence. The same is the statement of
the brother-in-law of the prosecutrix Ranjeet Dhurvey (PW-3). Considering the
aforesaid, Shri Upadhyay submits that the case of consent is projected as a
case of rape because husband of the prosecutrix has seen her with the appellant
which by no stretch of imagination can attract Section 376(1) and 450 of IPC.
The final hearing of this appeal is not possible in near future, therefore, the
remaining jail sentence of appellant may be suspended.
Prayer is opposed by learned Panel Lawyer on the basis of objection.
I have heard the learned counsel for the parties at length
Considering the aforesaid factual backdrop and the fact that final hearing
of this appeal is not possible in near future, without expressing any opinion on
merits of the case, I deem it proper to suspend the remaining jail sentence of the
appellant. Accordingly, I.A. No.18369 of 2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant-Gabbar @ Brajesh Bhalawi is hereby
suspended and it is directed that on his furnishing a personal bond for a sum of
Rs.30,000/- (Rs. Thirty thousand only) along with surety in the like amount
to the satisfaction of the trial Court, he shall be released on bail with a further
direction to remain present before the trial Court, Narmadapuram on 1st
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/24/2022
5:09:23 PM
March 2023 and on such other dates as may be fixed by the trial Court in this
regard during the pendency of this appeal.
C.C as per rules.
(SUJOY PAUL)
JUDGE
sarathe
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/24/2022
5:09:23 PM
