Kamal Katariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 14012 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        CRA No. 7 of 2015
                                            (KAMAL KATARIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 25-08-2023
                                Shri Akhilesh Gupta - Advocate for the appellant.

                                Shri A.K. Nirankari -Public Prosecutor for respondent/State.

Heard on IA No.3136 of 2022, twelfth repeat application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant-Kamal Katariya.

So far appellant has undergone almost 09 years, 02 months' and 24 days' incarceration.

Appellant stood convicted under Sections 450, 376(2)(g), 323, 506B IPC and under Section 3(2)(v) of SC/ST Act and sentenced to undergo RI for five years with a fine of Rs.1,000/-, imprisonment for life with a fine of Rs.1,000/-, fine of Rs.500/-, RI for two years with a fine of Rs.1,000/- and imprisonment for life with a fine of Rs.1,000/- with default stipulations vide judgment of conviction and order of sentence dated 11.12.2014 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act],

Vidisha (M.P.) in Special Case No.124 /2009.

As per prosecution story, on 21.07.2009 at about 10:00 in the night when the prosecutrix along with her husband and children were sleeping at about 11:00 in the night accused Kamal (present appellant) and Gajendra came to her home and started knocking the doors. When she did not open it, they starting hitting the door by legs. The chain of the doors got opened. At that time Gajednra wielding knife threatened her husband Tularam. Then accused Kamal committed rape on her. When she came out of the house then Gajendra Sen Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 8/26/2023 3:18:08 PM

caught hold of her hand and denoting her caste raped her in the courtyard. Her husband and children witnessed the incident but could not speak anything due to fear. Thereafter, accused persons fled away therefrom. On the basis of such report, FIR was lodged. Upon completion of investigation, recording of the statements and other formalities, Challan was filed. The case was committed to the Sessions Court for trial. The Sessions Court upon critical evaluation of the evidence placed before it and recording of statements of material witnesses, convicted and sentenced the present appellant as referred above.

Learned counsel for the appellant submits that the present appellant is innocent and has been falsely implicated. The Sessions Court has not

appreciated the evidence in correct perspective and the same suffers from surmises and conjectures. Moreso, present appellant has already suffered more than 09 years, 02 months' and 24 days' incarceration. The appeal is of the year 2015 and there is no likelihood of early hearing of this appeal in near future. Under such circumstances, it is prayed that jail sentence of the present appellant may kindly be suspended.

Learned counsel for the respondent-State opposed the prayer and supported the impugned judgment.

Upon hearing learned counsel for the parties, though this Court refrains from commenting upon the rival contentions so advanced touching merits of the case, but regard being had to the period of custody suffered by the present appellant i.e. 09 years, 02 months' and 24 days' and that the appeal is of the year 2015 and there is no likelihood of early hearing of the appeal, this Court is of the considered view that benefit of suspension of sentence may be extended to present appellant.

Signature Not Verified Accordingly, IA No.3136 of 2022 stands allowed and it is directed Signed by: PAWAN DHARKAR Signing time: 8/26/2023 3:18:08 PM

that jail sentence of appellant- Kamal Katariya shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in the like amount to the satisfaction of the Trial Court. He is directed to appear before the Registry of this Court first on 12.10.2023 and on other subsequent dates as may be fixed in this behalf.

Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy as per rules.

                               (ROHIT ARYA)                                 (MILIND RAMESH PHADKE)
                                  JUDGE                                              JUDGE

                          pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 8/26/2023
3:18:08 PM