Madhya Pradesh High Court
Virendra Rawat vs The State Of Madhya Pradesh on 26 April, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9967 of 2022
(VIRENDRA RAWAT Vs THE STATE OF MADHYA PRADESH)
Dated : 26-04-2023
Shri M.K. Pandey - Advocate for the appellant.
Shri A.N. Gupta - Government Advocate for the State.
Heard on I.A No. 20508 of 2022, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant
Virendra Rawat arising out of judgment dated 28.10.2022 delivered in S.T.
No.72/2017 by Special Judge, POCSO Act, 2012 Rewa, District Rewa (M.P.).
The appellant has been convicted under Section 363 of the I.P.C. and
sentenced to undergo R.I. for 3 years with fine of Rs. 50, Section 366 of the
I.P.C. and sentenced to undergo R.I. for 3 years with fine of Rs.50/-, Section
376 (3) of the I.P.C. and sentenced to undergo R.I. for 21 years with fine of
Rs.50/- and Section 5(L)/6 of the I.P.C. to undergo R.I. for 21 years with fine
of Rs.50/- with default stipulations.
By taking this Court to the prosecution story, it is submitted that
appellant and prosecutrix solemnized marriage on their own violation. They
stayed at Daman and Surat for quite sometime. Out of said wedlock one child
was born. Since prosecutirx's father filed a petition in the High Court, in
furtherance of Court order, the Police arrested the appellant.
Learned counsel for the appellant by taking this Court to the statement of
the prosecutrix recorded under Section 164 of the Cr.P.C. and her Court's
statement submits that she consistently deposed that she on her own eloped
with the appellant and solemnized marriage. Criticizing the determination of the
age of the victim, learned counsel for the appellant submits that the Court
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 28-Apr-23
4:45:17 PM
below has erred in holding that victim was juvenile. Reliance is also placed on
the documents filed with I.A. No. 6564 of 2023. The victim is residing with the
family of appellant. The continuous incarceration of appellant will cause more
harm then good. The appellant is ready and willing to live happily with the
victim and therefore, remaining jail sentence of the appellant may be suspended.
Shri A.N. Gupta , learned Government Advocate opposed the prayer.
However, counsel for the objector has no objection if sentence is suspended.
On the specific query from Bench, learned counsel for the objector
informs that victim is in fact residing with the family of the appellant.
Considering the aforesaid factual backdrop and without expressing any
conclusive opinion on merits, we deem it proper to suspend the remaining jail
sentence of the appellant Accordingly, I.A No.20508 of 2022 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
the appellant No.2 be released on bail on her furnishing a personal bond for a
sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety
of the like amount to the satisfaction of the trial Court with a further direction to
appear before the trial Court, Rewa, District - Rewa (M.P.) on 07th of
July, 2023 and also on such other dates as may be fixed by the trial Court in
this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
R
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 28-Apr-23
4:45:17 PM
