Madhya Pradesh High Court
Rohit Jatav vs The State Of Madhya Pradesh on 13 January, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7061 of 2021
(ROHIT JATAV Vs THE STATE OF MADHYA PRADESH)
Dated : 13-01-2023
Mr. Amit Goswami, learned counsel for the appellant.
Mr. Shiraz Qureshi, learned Public Prosecutor for the respondent -
State.
Heard on I.A. No.573/2023, which is second application under Section
389(1) of Cr.P.C. moved on behalf of sole appellant - Rohit Jatav seeking
suspension of sentence and grant of bail.
First application has been dismissed as withdrawn vide order dated
27.06.2022 with liberty to revive the prayer for suspension of sentence and
grant of bail after six months.
Appellant stands convicted under Section 450 of IPC and sentenced to
undergo 05 years RI with fine of Rs.500/-, under Section 328 of IPC and
sentenced to undergo 05 years RI with fine of Rs.500/- and under Sections
5(G) and 6 of POCSO Act with life imprisonment with fine of Rs.5,000/- with
default stipulation vide judgment of conviction and order of sentence dated
28.09.2021 passed by the fifth Additional Sessions Judge, Bhind, (Madhya
Pradesh) in Sessions Trial No.122/2019.
As per prosecution story, while parents of the prosecutrix had gone away
to attend a marriage, her brother and sister were sleeping on the terrace and she
was sleeping in the courtyard on the ground floor, on 11.05.2019, at about 12 in
the intervening night, accused - Jitendra, Rohit and another accused (juvenile)
entered the house from terrace area and caught hold the prosecutrix. She was
dragged in a room, where she was forced to consume liquor, while present
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 13-Jan-23
6:16:44 PM
appellant-Rohit and another accused (juvenile) were standing outside the room.
Main accused Jitendra committed rape on the prosecutrix. Accordingly, case
has been registered. Upon filing of challan, the case was committed for trial to
the Sessions Court. The Sessions Court upon critical evaluation of the
evidence placed on record has convicted and sentenced the appellant as
referred above.
Learned counsel for the appellant at the first instance fairly submits that
this Court had granted liberty of six months to revive the prayer for suspension
of sentence vide order dated 27.06.2022. The appellant has already suffered the
jail incarceration for almost three years. There is no allegation of either violating
the personal liberty of the prosecutrix or committing rape. Instead, the sole
allegation against him is that he entered the house and was standing outside the
room, where she was sexually abused by the main accused Jitendra. As such
the conviction of the appellant under Section 376(D) of IPC and 5(G) and 6 of
POCSO is fully unwarranted and based on surmises and conjecture. The
appellant even otherwise, has no criminal antecedents. Hence, prays for
suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent-State opposes the
application supporting the order impugned with the submission that the
appellant and two accused persons had entered the house of the prosecutrix
with common intention of commission of rape. The active participation is well
specific from the story of the prosecution and the evidence placed on record
during trial. Hence, no exception can be taken in the matter of suspension of
sentence and grant of bail.
Upon hearing counsel for the parties, though this Court refrains from
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commenting upon rival contentions touching merits of the matter but looking to
Signed by: BARKHA
SHARMA
Signing time: 13-Jan-23
6:16:44 PM
nature of allegation and since the appellant is having no criminal record, the
application deserves to be allowed. Accordingly, we allow the application and
it is directed that the jail sentence of the appellant - Rohit shall remain
suspended and he be released on bail on his furnishing a personal bond in the
sum of Rs.2,00,000/- (Rupees Two Lakh 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 on 15.03.2023 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, the medical examination of the
appellant be conducted through the jail doctor and if it is
prima facie found that she 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, I.A. No.573/2023 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) (MILIND RAMESH PHADKE)
JUDGE JUDGE
bj/-
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 13-Jan-23
6:16:44 PM
