Madhya Pradesh High Court
Ranvijay Jatav vs The State Of Madhya Pradesh on 13 February, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 657 of 2016
(RANVIJAY JATAV Vs THE STATE OF MADHYA PRADESH)
Dated : 13-02-2023
Shri Vivek Kumar Vyas-Advocate for the appellant.
Dr. Anjali Gyanani-Public Prosecutor for respondent/State.
Heard on IA No.14044/2022, which is eighth repeat application filed on
behalf of appellant under Section 389(1) of Cr.P.C seeking suspension of
sentence and grant of bail.
Appellant stood convicted under Sections 366 and 376(D) of IPC and
sentenced to undergo RI for five years with a fine of Rs.5,000/- and twelve
years' RI with a fine of Rs.25,000/- with default stipulations vide judgment of
conviction and order of sentence dated 21.06.2016 by Special Judge
(Atrocities), Sheopur (M.P.) in Special Sessions Trial No.200012/2015.
Appellant has so far undergone incarceration of about 7-1/2 years
including the period suffered during trial.
A s per prosecution story, on 09.03.2015, the prosecutrix lodged the
report to the Police Station to the effect that her husband expired five years
back. On the fateful night of 08.03.2015 at about nine, accused Mahendra
Yadav along with four co-accused came to her house and asked Ramveer to get
her out. On which Ramveer caught hold of her hand. When she screamed, on
asking by Ramveer, co-accused Banti pressed her mouth and got her to the
forest in a white coloured car where Ramveer got everybody down from the car
and committed rape with her. Thereafter, co-accused-Kanhaiya got her down
from the car and then he and rest of accused committed rape on her. After
commission of crime, they left her to her house and threatened her for dire
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/13/2023
8:25:31 PM
consequences in case if the matter is reported to anybody. On the basis of such
report, case was registered. After completion of investigation, charge-sheet was
filed and the case was committed to the Special Court. The Special Court upon
critical evaluation of the evidence placed on record convicted and sentenced
appellant as referred above.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that appellant is innocent
and has falsely been implicated. The Special Court did not appreciate the
relevant piece of evidence. The judgment is based on surmises and conjectures.
It is further submitted that similar allegation was made against the co-accused-
Ramveer and Banti who have since been extended the benefit of suspension of
sentence and grant of bail vide orders dated 19/12/2016 and 05.05.2017
respectively in Criminal Appeal No.588/2015, hence, prays for suspension of
sentence and grant of bail.
Per contra, learned counsel for the respondent-State opposes the
application supporting the impugned judgment and prays for dismissal of the
present application.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant has suffered
incarceration of about 7-1/2 years coupled with the fact that co-accused-
Ramveer and Banti have since been extended the benefit of suspension of
sentence and grant of bail vide orders dated 19/12/2016 and 05.05.2017
respectively in Criminal Appeal No.588/2015; present appeal is of the year 2016
and there is no likelihood of early hearing of the appeal, in the obtaining facts
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and circumstances, appellant is held entitled for suspension of jail sentence.
Signed by: PAWAN
DHARKAR
Signing time: 2/13/2023
8:25:31 PM
Accordingly, we allow IA No.14044/2022 and it is directed that the jail
sentence of appellant shall remain suspended during pendency of present
appeal and he be released on bail on his furnishing a personal bond in the sum
of Rs.2,00,000/- (Rupees Two Lacs 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. Appellant is directed to appear before the
Registry of this Court first on 20.04.2023 and on other subsequent dates as
may be fixed in this behalf with following further conditions:-
( i) the concerned jail authorities are directed that before
releasing the appellant, the medical examination of appellant
be conducted through the jail doctor and if it is prima facie
found that he is having any symptoms of COVID-19, then the
consequential follow up action or any further test required be
undertaken immediately. If not, appellant shall be released on
bail in terms of the conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for
cancellation of bail.
Accordingly, IA No.14044/2022 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) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 2/13/2023
8:25:31 PM
