Madhya Pradesh High Court
Mohar Singh vs The State Of Madhya Pradesh on 19 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6264 of 2021
(MOHAR SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 19-12-2023
Shri Ashok Kumar Jain- Advocate for appellant.
Shri A. K. Shukla - Public Prosecutor for the respondent/State.
Heard o n I.A.No.21268 of 2023, second application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
sole appellant- Mohar Singh. First application i.e. IA No.18291 of 2022 was
dismissed as withdrawn vide order dated 19-07-2023 with liberty to the
appellant to revive the prayer after three months.
Present appellant stood convicted under Section 363 of IPC and
sentenced to undergo three years rigorous imprisonment with fine of Rs.1,000/-
and under Section 376(AB) of IPC, sentenced to undergo twenty years rigorous
imprisonment with fine of Rs.10,000/-; with default stipulations, vide judgment
of conviction and order of sentence dated 17-02-2021 passed by Special Judge
(POCSO Act, 2012), Gwalior (MP) in Special Case No.232 of 2019.
The present appellant so far has undergone jail sentence of three years.
As per prosecution story, complainant (PW2) along with her husband
(PW3) lodged a report at Police Station Bahodapur on 03-03-2019 at about
22:39 hrs to the effect that Mohar Singh Jatav (appellant) was residing in the
house of her elder brother-in-law (PW5) for the last two months on rent. On 03-
03-2019, around 06:00 in the evening, Mohar Singh Jatav by taking her
daughter, aged around 05 years in his lap, with ill-intention, started kissing her
and touched her private part. As soon as complainant arrived there, Mohar
Singh tried to flee away therefrom. When persons of vicinity chased him,
Mohar Singh fell down because of which, he sustained injuries on his person.
Elder brother-in-law of complainant i.e. PW4, her husband PW3 and persons of
vicinity caught hold of Mohar Singh. On the basis of such information, FIR was
registered and investigation was set in motion. Upon completion of investigation
including recording of statements of witnesses, collection of evidence and
necessary formalities, challan was filed before the competent Court. The
Special Court, on appreciation of evidence placed on record, convicted and
sentenced the present appellant, as referred above.
Learned Counsel for the present appellant while taking exception to the
impugned judgment of conviction and order of sentence, submits that learned
Trial Court has not appreciated the evidence placed on record in correct
perspective. The judgment suffers from surmises and conjectures. No offence
under Section 376(AB) of IPC is made out against the appellant. Present
appellant has falsely been implicated in the instant case. It is further submitted
that present appellant has so far undergone incarceration of three years. The
appeal being of the year 2021, is not likely to be decided 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, learned Public Prosecutor, appearing on behalf of the State,
referring to para 10 and 19 of the judgment of the trial Court, contends that the
alleged act falls within the scope of Section 376(AB) of IPC. Hence, prays for
dismissal of suspension application.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the case but regard
being had to the fact that present appellant so far has already undergone
incarceration of three years, coupled with the fact that the appeal is of the year
2021 and there is no likelihood of early hearing of the appeal in near future, in
the obtaining facts and circumstances, we are of the view that present appellant
is held entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.21268 of 2023, stands allowed and it is directed
that the jail sentence of present appellant- Mohar Singh 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.1,00,000/- (Rupees One Lac
only) with one solvent surety in the like amount to the satisfaction of the Trial
Court subject to verification of factum regarding deposit of fine amount.
Present Appellant is directed to appear before the Registry of this Court
first on 19/02/2024 and thereafter, 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) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
MKB
