Radheshyam Baiga vs The State Of Madhya Pradesh
2023 Latest Caselaw 21706 MP

Madhya Pradesh High Court

Radheshyam Baiga vs The State Of Madhya Pradesh on 18 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1595 of 2023 (RADHESHYAM BAIGA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-12-2023 Shri Madan Singh - Advocate for appellant Nos.2 and 3.

Shri A.N. Gupta - Government Advocate for State of M.P.

Heard on I.A. No.2160/2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant No.2-Ratu @ Ratnu Baiga and appellant No.3-Kunti Bai @ Kundi Bai Baiga arising

out of judgment dated 22.11.2022 delivered in ST Case No.60/2020 by Second Additional Sessions Judge, Annupur District - Annupur (M.P.).

The appellant no. 2 and 3 have been convicted and sentenced under Section 506 of IPC (two counts) to undergo R.I. for five years with fine of Rs.1000/- and under Section 376/109 of IPC to undergo R.I. for twenty years fine of Rs.1000/- with default stipulation.

Learned counsel for appellant no. 2 and 3 submits that prosecutrix is a married woman aged about 28 years but as per prosecution story appellant No.3 called her to her house where appellant No.1, son of appellant no.2 and 3

sexually assaulted her. Appellant No.2 and 3 allegedly threatened the victim that if she narrates about the incident to anybody, she will face dire consequences.

Shri Madan Singh - Advocate submits that MLC which was conducted on the next date of incident does not show that any sexual assault was committed. Appellant No.2 is aged about 63 years whereas appellant No.3 is aged about 53 years. The final hearing is not possible in near future. Thus, the remaining jail sentence of appellant nos.2 and 3 may be suspended.

Learned Government Advocate opposed the prayer on the basis of

objection.

Considering the age of the appellant no.2 and 3 and limited role allegedly played by them, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant no. 2 and 3.

Accordingly, I.A No.2160/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant nos. 2 and 3 is hereby suspended and it is directed that appellant No.2-Ratu @ Ratu @ Ratnu Baiga and appellant No.3-Kunti Bai @ Kundi Bai Baiga be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only)

each with solvent surety of the like amount to the satisfaction of the trial Court

with a further direction to appear before the trial Court, Annupur o n 19 th February, 2024 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)                                    (BINOD KUMAR DWIVEDI)
                                JUDGE                                                JUDGE

                           Shub