Manoj Jatav vs The State Of Madhya Pradesh
2023 Latest Caselaw 9724 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 2309 of 2023
                   (MANOJ JATAV Vs THE STATE OF MADHYA PRADESH)

Dated : 27-06-2023
      Shri Ravi Dwivedi - Advocate for the appellant.
      Dr. Ms. Anjali Gyanani - Govt. Advocate for the respondent/State.

Heard on I.A.No.5543 of 2023, first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of

appellant - Manoj Jatav.

Appellant stands convicted under Sections 376 and 506 part II of the IPC and sentenced to undergo imprisonment for 20 years and 05 years with a fine of Rs.5,000/- and Rs.2,000/- respectively with default stipulation vide judgment o f conviction and order of sentence dated 31.01.2023 passed by Sixth Additional Sessions Judge, Gwalior in Sessions Trial No.276 of 2014. So far the appellant has undergone jail sentence for one year.

As per prosecution story, the appellant is known to the prosecutrix. The prosecutrix is engaged in a work of domestic help. On the fateful day while she

was on the side of the road waiting for auto, the appellant riding on a motorcycle reached her and offered to drop her where she wanted to go. She sat on the pillion seat and the appellant drove away the motorcycle. Having seen that the appellant was going in a different direction she inquired. Appellant told her that he had some work at a given place and after doing the same he would drop her at her place. Under Such pretext he had taken her to house of Kok Singh Jatav where already two persons were sitting. She was stripped and subjected to forceful sexual intercourse repeatedly. Thereafter, the appellant

drove her on his motorcycle to her home and cautioned her with dire consequences, if she divulges the incident to anyone. On such allegations, FIR was registered and investigation started. Upon completion of investigation chalan was filed. Case was committed to Sessions Trial. The Session Court upon critical evaluation of the evidence placed on record convicted and sentenced the appellant as aforesaid.

Shri Dwivedi while taking exception to the impugned judgement inter alia submitted firstly that there is an inordinate delay in filing FIR as alleged incident is said to be of 03.09.2013 whereas the FIR was lodged on 25.10.2013. There is no plausible explanation except the alleged threat. That apart, the MLC

conducted on her suggests that there is no injury on her body much less private part. No definite opinion has been given as regards rape. That apart, paras-9, 10 and 11 of her cross examination suggests her unnatural conduct in as much as despite being driven for 15 Kms in city area where the motor cycle had also stopped at a traffic signal and passed through various houses and police stations, she neither raised alarm nor complained of. Under such circumstances, it is a case of false implication. Hence, prayed for suspension of sentence and grant of bail.

Per contra Ms. Gyanani opposes the application while supporting the impugned judgment. She fairly submits that except the alleged threat, there is no explanation on record in her testimony as regards the inordinate delay in lodging the FIR. She also submits that there is no positive medical report in the MLC report after her medical examination.

This Court has perused the testimony of the prosecutrix, other evidence on record, impugned judgment and submissions advanced by the learned

Counsel for the parties. Though this Court refrains from commenting upon the rival contentions so advanced touching merits of the case, regard being had to the obtaining facts and circumstances coupled with the fact that the appellant has already undergone jail sentence for one year and the appeal is of the year 2023 and there is no likelihood of early hearing of the appeal, this Court is of the view that appellant is entitled to the benefit of suspension of sentence and grant of bail.

Accordingly, the said IA stands allowed and it is directed that the jail sentence of the appellant s hall 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.1,50,000/- (Rupees One Lac Fifty Thousand 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 29.08.2023 and thereafter, on other subsequent dates as may be fixed in this behalf.

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.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

     (ROHIT ARYA)                                  (SANJEEV S KALGAONKAR)
        JUDGE                                              JUDGE

ar

        ABDUR RAHMAN
        2023.06.28 10:29:52
        +05'30'