Madhya Pradesh High Court
Sonu Singh Raghuvanshi vs The State Of Madhya Pradesh on 26 July, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7599 of 2023
(SONU SINGH RAGHUVANSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 26-07-2023
Shri Deependra Singh Raghuvanshi - Advocate for the appellant.
Dr. Anjali Gyanani - Public Prosecutor for the respondent/State.
Heard on I.A. No.10521 of 2023, which is the first application under
Section 389(1) of Cr.P.C seeking suspension of sentence and grant of bail
moved on behalf of appellant - Sonu Singh.
Vid e judgment dated 24.05.2023 passed by Special Judge, SC/ST
(Prevention of Atrocities) Act, Guna (M.P.) in SPL Case SC ATR No.99/2018,
the appellant has been convicted under Section 450 of IPC r/w Section 3(2)(v)
of SC/ST Act sentenced to undergo life imprisonment with fine of Rs.5,000/-
and further he has been convicted under Section 376(1) of IPC r/w 3(2)(v) of
SC/ST Act sentenced to undergo life imprisonment with fine of Rs.5,000/-.
Both the sentences have been directed to run concurrently.
The prosecution story in brief is that complainant a married lady aged
about 20 years wife of Kailash Ahirwar lodged an FIR against present appellant
alleging that on 31.03.2018 at about 7 pm, she was cooking food at home, her
husband and father-in-law had gone to the field to harvest crops, the door of
the house was open, then present appellant - Sonu of the village entered the
house and with the bad intention, caught hold off her hand and committed
sexual intercourse with her. When her husband and father-in-law came on a
bike, present appellant ran away after hearing the sound and he was also seen
by both of them. On these basis, complainant lodged an FIR bearing Crime
No.115/2018 for the offence punishable under Sections 457, 376, 506 of IPC
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/27/2023
10:25:38 AM
and Sections 3(1)(w)(ii), 3(2)(v), 3(2)(va) of SC/ST Act against the appellant at
Police Station - Aaron, District - Guna. After completion of investigation and
other formalities, charge sheet was filed before the competent Court from where
the case was committed to the Sessions Court for its trial. After conclusion of
trial, the trial Court convicted and sentenced the appellant for the aforesaid
offence as mentioned above.
Learned counsel for appellant while taking exception to the impugned
judgment submits that the trial Court has committed an error in convicting and
sentencing the present appellant without appreciating the prosecution evidence
properly. It is further submitted that as per the medical examination of the
prosecutrix also no injury marks were found on the internal organs of the
prosecutrix relating to sexual assault and no definite opinion has been given
regarding commission of rape, it is clear that the incident is not supported by
medical evidence. Fine amount has already been deposited. The present
appellant so far has suffered more than 6 months of jail incarceration out of his
total jail sentence awarded. Appeal is of the year 2023 and there is no likelihood
of early hearing of the appeal in near future. Under such circumstances, counsel
for the appellant prays for suspension of sentence and grant of bail on behalf of
appellant.
Per contra, learned counsel for the respondent-State opposes the
application and prays for its rejection.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, present appeal is of the year 2023 and there is no likelihood of early
hearing of the appeal, in the obtaining facts and circumstances, appellant is held
entitled for suspension of jail sentence.
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/27/2023
10:25:38 AM
Accordingly, we allow the application and it is directed that the jail
sentence of present appellant - Sonu Singh shall remain suspended and he be
released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand 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 20.12.2023 and thereafter, on other subsequent dates as may be
fixed by the Registry of this Court in this behalf.
Accordingly, I.A. No.10521 of 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) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
Vijay
Signature Not Verified
Signed by: VIJAY TRIPATHI
Signing time: 7/27/2023
10:25:38 AM
