Madhya Pradesh High Court
Bahadur @ Vikram Jatav vs State Of M.P. on 6 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 683 of 2013
(BAHADUR @ VIKRAM JATAV Vs STATE OF M.P.)
Dated : 06-12-2023
Shri Vibhore Kumar Shahu- Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General for the respondent-
State.
Heard on I.A.No.3047 of 2023, eight repeat application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of the appellant. His sixth application was dismissed on merits vide
order dated 01-02-2019 and seventh application was dismissed on 29-11-2021.
Appellant stands convicted under Section 376 of IPC and sentenced to
undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation vide
judgment of conviction and order of sentence dated 05-07-2013 passed by IInd
Additional Sessions Judge, Dabra, Gwalior in Sessions Case No.92 of 2011.
Appellant so far has undergone more than 11 years incarceration as since
the date of judgment i.e.05-07-2013, he is in jail.
As per the prosecution story, on 11-04-2010 a missing person report
was lodged at No.11/2010 by complainant Kalyan Singh regarding missing of
his grand-daughter. During investigation, prosecutrix was recovered from
possession of co-accused Ravindra @ Bhura. Statement of prosecutrix was
recorded and co-accused Ravindra @ Bhura and prosecutrix were medically
examined. On further investigation, present appellant Bahadur Jatav @ Vikram
was arrested and other co-accused Krishna Singh @ Chunna was also arrested.
Evidence and incriminating material were collected and statements of witnesses
were recorded. After completing investigation, police filed Challan. Thereafter,
the case was committed for trial to the Sessions Court. The Sessions Court
upon critical evaluation of evidence placed on record has convicted and
sentenced the present appellant as referred above.
Learned counsel for the appellant while taking exception to the impugned
judgment inter alia supported the instant application primarily on the ground of
long jail incarceration as so far, the present appellant has already undergone jail
sentence of more than 11 years. It is further submitted that present appellant has
been falsely been implicated in the case. The appeal is of the year 2013 and
there is no likelihood of early hearing of this appeal in the near future. Under
s uc h circumstances, learned counsel prays for suspension of sentence and
grant of bail to present appellant.
Learned counsel for the State opposed the prayer and prayed for
rejection of the application for suspension of sentence and grant of bail.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has already undergone jail incarceration of more than 11
years coupled with the fact that the appeal being of the year 2013 is not likely to
be decided in the near future, we are of the view that present appellant is entitled
to the benefit of suspension of sentence and grant of bail.
Accordingly, IA No. 3047 of 2023 stands allowed and it is directed that
the jail sentence of the appellant 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 on his furnishing a personal bond in
the sum of Rs.1,50,000/- (Rupees One Lac and Fifty Thousand only) with
one solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant is directed to appear before the Registry of this Court first on
26-02-2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
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.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
vc
VARSHA CHATURVEDI
2023.12.07 11:20:59
+05'30'
