Madhya Pradesh High Court
Ramveer Lodhi vs The State Of Madhya Pradesh on 5 June, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 6839 of 2023
(RAMVEER LODHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 05-06-2023
Shri Keshav Pathak - Advocate for the appellant.
Shri Lokendra Shrivastava - learned Public Prosecutor for respondent
No.1/State.
Heard on I.A. No.9172 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 sole appellant- Ramveer Lodhi.
Appellant stood convicted under Section 354 of IPC and sentenced to
undergo imprisonment for period of one year with a fine of Rs.2500/- and under
Section 7/8 of POCSO Act and sentenced to undergo imprisonment for three
years with fine of Rs.2500/- with default stipulations vide judgment of
conviction and order of sentence dated 10.05.2023 by Special Judge (POCSO
Act), Gwalior, District Gwalior (M.P.) in Case No. 96/2019.
Present appellant has so far undergone incarceration of about 411 days
during trial.
A s per prosecution story, on 15.09.2018 at about 5:00 PM, when the
prosecutrix (PW-1) was coming to her home from the house of her aunt (PW-
3), then on the way, the present appellant Ramveer Lodhi of her village met her
and caught hold her hand with bad intention and took her to forest and threw on
the ground and kissed her lips. As a result of which, she suffered injuries. She
shouted but there was no one to help her. Thereafter, he threats the prosecutrix
to dire consequences if she divulges the said facts to anyone. She went home
and told the whole things to her mother. Thereafter she alongwith her mother
came to police station Purani Chhawani and registered the F.I.R.. Accordingly
the case has been registered and the challan has been filed. The Trial Court
up o n critical evaluation of the evidence placed on record convicted and
sentenced present 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 Trial Court did not appreciate the relevant
piece of evidence. The judgment is based on surmises and conjectures. The
appellant has already suffered jail incarceration for about 14 months during trial
and the trial Court has already suspended the period of jail incarceration of
appellant till 08.06.2023. Hence, prays for suspension of sentence and grant of
bail on behalf of appellant.
Per contra, learned Public Prosecutor 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 14 months and looking to the fact that the 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.
Accordingly, this court allows I.A. No.9172 of 2023 and it is directed
that the jail sentence of appellant-Ramveer Lodhi 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.1,00,000/- (Rupees One 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 first on 07.08.2023 and on other
subsequent dates as may be fixed.
Accordingly, the I.A.No.9172 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)
V. JUDGE
AK/-
ANAND KUMAR
2023.06.05
17:12:48 +05'30'
