Madhya Pradesh High Court
Rakesh Batham vs The State Of Madhya Pradesh Thr on 13 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 330 of 2017
(RAKESH BATHAM Vs THE STATE OF MADHYA PRADESH THR)
Dated : 13-12-2023
Shri A.K. Jain -Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General for the
respondent/State.
Heard on IA No.16972 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Rakesh Batham.
Appellant stood convicted under Section 376 (2)(i) of IPC and sentenced
to suffer Life Imprisonment with fine of Rs.10,000/-, under Section 506 Part-II
of IPC and sentenced to suffer 05 Years' RI with fine of Rs.1,000/- with default
stipulations v i d e judgment of conviction and order of sentence dated
27/01/2017 passed by Fifth Additional Sessions Judge, Gwalior, District-
Gwalior (M.P.) in Sessions Trial No.150 of 2015.
Appellant- Rakesh Batham so far has undergone more than eight years of
incarceration.
As per the story of prosecution, on the date and time of the incident
i.e.04.07.2015 at about 03:00 pm, father of the prosecutrix had gone to his work
place, her mother was sleeping being indisposed and the prosecutrix aged 7
years was doing her homework. At that time, appellant Rakesh Batham secretly
asked the prosecutrix to come to the courtyard by throwing quite a small stone
(kankan), pressed her breast number of times, inserted his finger in her private
part twice-thrice and then got touched his own private part. When the
prosecutrix objected to it, appellant- Rakesh Batham threatened her for dire
consequences, as a result of which the prosecutrix got scared. In the night of
the incident, when father of the prosecutrix returned home and on being asked
by him, prosecutrix narrated the entire incident, done by the appellant, to him.
Thereafter, on the next date, father of the prosecutrix reported the incident to
Police Station Janakganj, District Gwalior (M.P.) and on the basis of which FIR
bearing Crime No.428 of 2015 was registered against the accused/appellant for
the offence punishable under Sections 377, 376, 452, 506 IPC and under
Section 5/6 of the POCSO Act, 2012. After completion of investigation,
including the recording of statements and collection of evidence challan was
filed. The case was committed to the Sessions Court for trial. The Sessions
Court upon critical evaluation of the evidence placed on record convicted and
sentenced the present appellant as referred above.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is further submitted that the
appeal being of the year 2017 is not likely to be decided early in the near future.
On these grounds, learned counsel submits that the present appellant may be
extended the benefit of suspension of sentence and grant of bail..
Per contra, Shri Shukla, learned Additional Advocate General, appearing
on behalf of the respondent/State, while supporting the judgment impugned,
submits that no exception can be taken in the matter of suspension of sentence
and grant of bail, regard being had to the nature and the gravity of offence
found proved against the present appellant.
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 fact that present
appellant has already undergone the incarceration of more than eight years as
per the report submitted by the Superintendent, Central Jail, Gwalior dated
12.12.2023 and the present appeal being of the year 2017 is not likely to be
decided early in the near future, the present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, IA No.16972 of 2023 stands allowed and it is directed that
the jail sentence of appellant- Rakesh Batham 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.2,00,000/- (Rupees Two Lac only) with one
solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant- Rakesh Batham is directed to appear before the Registry of
this Court first on 12/2/2024 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.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
rahul
