Madhya Pradesh High Court
Sanjay vs The State Of Madhya Pradesh on 19 January, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6177 of 2021
(SANJAY Vs THE STATE OF MADHYA PRADESH)
Dated : 19-01-2023
Shri Anand Purohit-Advocate for the appellant.
Dr. Anjali Gyanani-Public Prosecutor for respondent/State.
Heard on I.A.No. 19904 of 2022, third repeat application for
suspension of sentence and grant of bail moved on behalf of appellant after
dismissal of second one (IA.13978 of 2022) being withdrawn vide order dated
28.09.2022 whereas in the first one (IA.4090/2022) temporary suspension of
sentence was granted to the appellant vide order dated 22.04.2022 on the
ground of his wife being pregnant and mother to be.
T he appellant stands convicted under Sections 376-D IPC read with
Section 6/5(G) POCSO Act and sentenced to undergo RI for 20 years with a
fine of Rs.25,000/- with default stipulation vide judgment of conviction and
o r d er of sentence dated 14.09.2021 passed by II Additional Sessions
Judge/Special Judge (POCSO Act) Shivpuri (M.P.) in Special Case
No.76/2018.
It is submitted by learned counsel for the appellant that appellant has
suffered incarceration of two years approximately.
As per prosecution story, on 30.05.2018, the prosecutrix lodged report at
Police Station Indar to the effect that she is the resident of village Khataura and
has studied till 09th standard. Approximately four months back, in the noon,
when she had gone to fetch water out of her house at that time Sonu Kushwah
(co-accused) forcibly got her to Bharti Kushwah (co-accused) and drink cold-
drink and due to which when she became unconscious Sonu Kushwah (co-
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/19/2023
6:58:54 PM
accused) committed rape on her whereafter Sanjay Yogi (present appellant) also
committed rape on her. Due to fear and shame, she did not tell her family
members about the incident. Some days after, she came to know that Sonu
Kushwah (co-accused) has also prepared the video of the incident. When she
felt pains and checked through Pregnancy Kit, she came to know that she had
conceived. She went to her sister at Ashok Nagar and narrated the entire
incident to her elder sister and then she came to the Police Station to lodge
report along with her parents. Accordingly, the case was registered.
Investigation was started. Upon recording of statements of the prosecutrix and
other witnesses and collection of incriminating material, challan was filed. The
case was committed to the Special Court for trial.
The Special Judge upon critical evaluation of the evidence placed on
record and recording of statements, convicted and sentenced the appellant as
referred above.
Learned counsel for appellant while taking exception to the impugned
judgment submits that the trial Court has not appreciated the evidence placed on
record in correct perspective. It is further submitted by learned counsel for the
appellant that the main allegation of getting forcibly prosecutrix to co-accused
Bharti Kushwah, administering her cold-drink, committing rape and preparation
of video of the incident is against Sonu Kushwah (co-accused). The appeal is
of the year 2021 and there is no likelihood of early hearing of this appeal in the
near future. Under such circumstances, learned counsel prays for suspension of
sentence and grant of bail on behalf of appellant.
Per contra, learned Public Prosecutor for the respondent-State opposed
the application supporting the impugned judgment.
Signature Not Verified
Upon hearing learned counsel for the rival parties, without commenting
Signed by: PAWAN
DHARKAR
Signing time: 1/19/2023
6:58:54 PM
upon the contentions so advanced touching the merits of the case, but regard
being had to the fact that present appellant has remained in custody for two
years, main allegation of getting forcibly prosecutrix to co-accused Bharti
Kushwah, administering her cold-drink, committing rape and preparation of
video of the incident is against Sonu Kushwah (co-accused), final hearing of
appeal will take time, therefore, jail sentence of appellant deserves to be
suspended during pendency of the present appeal.
Accordingly, it is directed that the jail sentence of appellant 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
Lacs only) with one solvent surety in the like amount to the satisfaction of the
Trial Court. He is directed to appear before the Registry of this Court first on
28/03/2023 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, his medical examination 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) if appellant is found to be involved in any activity disturbing the
peace and tranquility of the area or any other criminal act, the bail
granted to him today shall stand automatically cancelled.
Accordingly, I.A.No. 19904 of 2022 stands allowed.
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/19/2023
6:58:54 PM
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.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/19/2023
6:58:54 PM
