Ramnaresh Mehera vs The State Of Madhya Pradesh
2023 Latest Caselaw 14019 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 12160 of 2022
                                      (RAMNARESH MEHERA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 25-08-2023
                                  Shri Jai Shukla - Advocate for the appellant.

                                  Shri S.K. Kashyap - Government Advocate for the respondent/State.

Heard on I.A No. 10217 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Ramnaresh Mehera arising out of judgment dated 12.12.2022 delivered in

S.T.No.37/2020 by Additional Sessions Judge Rajendragram, District Anuppur.

The appellant has been convicted under Section 506 of the I.P.C. and sentenced to undergo imprisonment for 1 years with fine of Rs.1,000/-, under Section 376-D of IPC and sentenced to undergo imprisonment 20 years with default stipulations.

Learned counsel for the appellant submits that as per prosecution story, the prosecutrix a minor lodged a report on 22.01.2022 about of sexual assault by the accused persons. However, in her court statement she did not depose anything against this appellant. The medical report does not support the case of

prosecution so far aspect of sexual assault is concerned. The DNA report is positive in relation to other accused person namely Lavkesh @ Lalesh. The said report does not connect the present appellant with commission of crime. Father of victim lodged a FIR on 21.01.2020 relating to offences under Section 323 of IPC which was registered as crime No. 14/2020. The alleged incident of rape had taken place on 20.01.2020 as per the prosecution story. In that event in the FIR aforesaid lodged on the next date, in normal course the father should have mentioned the incident of sexual assault but he did not mention the same which Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 26-08-2023 12:05:58

creates serious doubt on the story of prosecution. The court below in para 20 of judgment committed an error in placing reliance on statement of victim recorded under Section 164 of Cr.P.C. There is no legal evidence to connect this appellant with commission of crime. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned Government Advocate informed that victim is served and opposed the prayer on the basis of objection.

We have heard the parties at length and perused the record. Considering the aforesaid factual backdrop and without expressing any

conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A No. 10217 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant Ramnaresh Mehera is hereby suspended and it is directed that this appellant 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, Rajendragram, District Anuppur on 30th October, 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)                                  (AVANINDRA KUMAR SINGH)
                                JUDGE                                               JUDGE

                           Akm

Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 26-08-2023
12:05:58