Madhya Pradesh High Court
Rahul Singh vs The State Of Madhya Pradesh on 16 August, 2023
Author: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9751 of 2022
(RAHUL SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 16-08-2023
Shri Shreyash Pandit - Advocate for the appellants.
Shi Akhilendra Singh - Government Advocate for the State.
Shri Basant Raj Pandey - Advocate for the objector.
Heard on I.A. No.18586 of 2023 an application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant No.1-Rahul
Singh arising out of judgment dated 11.10.2022 delivered in Special Case
No.144/2021 by Special Judge (POCSO), Panna (M.P.).
T he appellant No.1 has been convicted under Section 506 Part II of
I.P.C. and sentenced to undergo R.I. for 2 years with fine of Rs.1,000/- and
under Section 5(G)/6 of the POCSO Act and sentenced to undergo R.I. for life
with fine of Rs.5,000/- with default stipulations.
Learned counsel for the appellant submits that in the instant case F.I.R.
has not been lodged promptly and in the medical examination, no injury has
been found on the person of prosecutrix. There is no DNA report to connect
the appellant with the alleged offence. F.S.L. report (Ex.P/31) also does not
connect the appellant with the alleged offence. There is contradictory evidence
as to when and how prosecutrix was recovered (Dastiyabi). Learned counsel
for the appellant, after referring to evidence of prosecutrix, her father and
brother etc. submits that there is no reliable and trustworthy evidence against the
appellant. The appellant has been falsely implicated in the case. The co-
accused-Vijapal Singh in this case has already been released on bail vide order
dated 27.7.2023 and the case of present appellant is similar to that of co-
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/18/2023
2:05:04 PM
accused-Vijay Pal. Therefore, it has been prayed that the jail sentence of the
appellant No.1 be suspended and he be released on bail.
The prayer is opposed by learned counsel for the State as well as
objector on the basis of objection.
Learned counsel for the objector has also submitted that if this Court is
inclined to grant bail to the appellant No.1 then some stringent condition may be
imposed upon him.
Therefore, in view of above facts and looking to the evidence of Dr.
Swarnima Upadhyay (PW-1), prosecutrix (PW-2), her father (PW-3), brother
(PW-6), F.I.R. (Ex.P/8), FSL report (Ex.P/31) and other evidence on record,
without expressing any opinion on merits, we deem it proper to suspend the
remaining jail sentence of appellant No.1 with the condition that if appellant
No.1 found involved in any offence similar to one he is convicted and
sentenced or threatening the prosecutrix or her family, then this order may be
recalled immediately.
With the aforesaid condition, I.A. No.18586/2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant No.1- Rahul Singh is hereby suspended
and it is directed that he be released on bail on his 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, Panna on 09.10.2023 and also on
such other dates as may be fixed by the said Court in this regard during the
pendency of this Appeal.
C.c. as per rules.
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/18/2023
2:05:04 PM
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
irfan
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/18/2023
2:05:04 PM
