Madhya Pradesh High Court
Rajesh vs The State Of Madhya Pradesh on 3 November, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13655 of 2023
(RAJESH Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2023
Shri S.K. Jain - Advocate for appellant.
Shri A.K. Nirankari - Govt. Advocate for respondent/State.
Heard on IA No.19958 of 2023, first application under Section 389
CrPC moved on behalf of appellant Rajesh for suspension of jail sentence and
grant of bail.
Present appellant stood convicted under Section 66 E of Information
Technology Act and sentenced to undergo three years RI with fine of
Rs.5,000/- with default stipulation vide judgement of conviction and order of
sentenced dated 12.10.2023 passed by First Additional Sessions Judge,
Karaira, District Shivpuri in Sessions Trial No.170/2019.
A s per prosecution story, on 12.6.2019 the prosecurix submitted a
written complaint at P.S Sihore, Distt. Shivpuri to the effect that five months
before on the second day of Makarsakransti at about 3:00 pm she was sleeping
in her courtyard at that time Rameshwar came to her and apprised that mother
of accused Rajesh was calling her as she had some work for her. On which
prosecutrix apprised her inability as she was performing her own house hold
work, then accused Rameshwar appeased and got her along with him where
accused Rajesh was standing alone when it was asked from Rajesh as to where
her mother on which his father accused Rameshwar bolted the door of the
house from inside. Thereafter Rajesh put knife on her neck covered her mouth
by his hand, got her to a lonely room and committed rape on her. Besides, he
also prepared obscene video of the incident and threatened her for dire
consequences in case if she disclosed the matter to anybody. Thereafter he
continued to do so for five months and ultimately piqued by this on 10.06.2023
she told the entire incident to her parents. Thereafter, there occurred altercation
between her father and accused persons on which the accused Rajesh
threatened for making the obscene video viral and did so. On such written
complaint, FIR was registered. After collection of material evidence, challan
was filed and the case was committed to the Sessions Trial. The Sessions
Court on proper appreciation of evidence placed on record convicted and
sentenced the present appellant as referred above.
Learned counsel for the appellant while taking exception to the impugned
judgment interalia submits that it is a case of false implication. Even otherwise,
The appeal is of the year 2023 and there is no likelihood of early hearing of this
appeal in near future. His jail sentence has already been suspended by the Trial
Court. Under such circumstances, learned counsel submits that present
appellant may be extended the benefit of suspension of sentence and grant of
bail.
Learned counsel for the respondent-State opposed the prayer and
supported the impugned judgment.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon the rival contentions so advanced touching merits of the
case, but regard being had to the facts and circumstances of the case and that
the appeal is of the year 2023 and there is no likelihood of early hearing of the
appeal and that the jail sentence of the appellant has already been suspended,
this Court is of the considered view that benefit of suspension of sentence may
be extended to present appellant.
Accordingly, I.A. No.19958/2023 stands allowed and it is directed that
the jail sentence of appellant Rajesh shall remain suspended and he shall be
released on bail, subject to verification of amount of fine being deposited and
on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac only) with one solvent surety in the like amount to the satisfaction of the
Trial Court. Appellant is directed to appear before the Registry of this Court
first on 04.01.2024 and on other subsequent dates as may be fixed by Office
in this behalf.
Accordingly, the said IA 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.
Call for record.
Certified copy as per rules.
(ROHIT ARYA) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
ar
ABDUR RAHMAN
2023.11.06
17:33:51 +05'30'
