Madhya Pradesh High Court
Veeran Raikwar vs The State Of Madhya Pradesh on 8 December, 2023
Author: Chief Justice
Bench: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2111 of 2022
(VEERAN RAIKWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 08-12-2023
Shri S.K. Mishra - Advocate for appellant.
Shri Anubhav Jain - Public Prosecutor for respondent/State.
Heard on I.A. No.16056 of 2022.
2. This is the first application seeking for suspension of sentence and grant of
bail filed on behalf of appellant - Veeran Raikwar, who has been convicted
under Sections 363, 366, and 376(2)(N) of the Indian Penal Code and
sentenced to R.I. for 5 years and fine of Rs.5,000/-; R.I. for 7 years and fine of
Rs.5,000/-, R.I. for 20 years and fine of Rs.10,000/- respectively with default
stipulations as mentioned in the impugned judgment of conviction and order of
sentence dated 28.01.2022 passed by the Special Judge (POCSO Act, 2012),
District Tikamgarh in Special Case No.08 of 2019.
3. The case of the prosecution is that the complainant lodged a report to the
effect that on 21.06.2018 at about 1.00 P.M. her daughter who is minor aged
about 14 years, has gone missing. The victim was recovered from the
possession of the present appellant and on the basis of her statement, the
offence was registered against the present appellant. A charge-sheet was filed
against the accused and he was put to trial. On trial, he has been convicted and
sentenced as mentioned above.
4. This application has been filed on the ground that the victim and the
present appellant were known to each other. The victim has voluntarily eloped
with the present appellant, travelled to Delhi without raising any hue and cry and
stayed with him for about six months. Thereafter, under the pressure of her
family, the offence has been registered against the present appellant. There is no
likelihood of early hearing of the appeal in near future. The appellant was on bail
during trial and has never misused the liberty granted to him. The appellant has
remained in custody for about 2 years and 2 months and is ready to abide by
all the terms and conditions that may be imposed by this Court while
considering the application for suspension of sentence and grant of bail.
5. Per contra, learned Public Prosecutor has vehemently opposed the
contentions stating therein that the victim was minor aged about 14 years at the
time of commission of offence, but he could not dispute the fact that the victim
had stayed with the appellant for almost six months and had not raised any
alarm.
6. Considering the overall facts and circumstances of the case, this Court
deems it appropriate to allow the application for suspension of sentence and
grant of bail.
7. Accordingly, without expressing any opinion on the merits of the case,
I.A. No.16056 of 2022 is allowed and it is directed that the remaining jail
sentence of the appellant will remain under suspension subject to the verification
that the amounts of fine have been deposited and he be released on bail on
furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one
solvent surety in the like amount to the satisfaction of the trial Court concerned
for his appearance before that Court on 12.02.2024 and thereafter on such other
subsequent dates as may be fixed in that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
LR
