Madhya Pradesh High Court
Bharat Jatav 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. 2122 of 2022
(BHARAT JATAV Vs THE STATE OF MADHYA PRADESH)
Dated : 03-11-2023
Shri Vivek Vyas - Advocate for appellant.
Smt. Kalpana Parmar - Public Prosecutor for respondent/State.
Heard on I.A. No. 18847/2023, which is fourth repeat application under
Section 389(1) of Cr.P.C. moved on behalf of appellant - Bharat Jatav. His
earlier three applications were dismissed as withdrawn.
Appellant stands convicted under Section 376 (3) of IPC and sentenced
to undergo RI for 21 years fine of Rs.15000/- with default stipulations vide
judgment of conviction and order of sentence dated 11.02.2022 passed by
Special Court (POCSO Act 2012), Shivpuri in Special Sessions Trial
No.86/2019.
The appellant so far has undergone jail sentence of about 4 years.
As per prosecution story, on 14.08.2019 the prosecutrix lodged a dehati
nalishi to the effect that her elder sister was married to appellant. They are
having one son and one daughter. 8-9 months before, her brother-in-law
(appellant) came to the house of the prosecutrix when her parents were not
present. After enticing, he committed rape upon her and due to fear she did not
disclose this fact to anybody. Prosecutrix became pregnant. She informed her
father 3-4 days thereafter that she was suffering from stomach-ache. On
13.8.2019, as her condition deteriorated, she was taken to Hospital at Badarwas
where she delivered a girl child and informed her parents that 8-9 months back
she was ravished by her brother-in-law. On the basis of the aforesaid, Crime
No.206/2019 was registered against the appellant under Section 376 of IPC as
well as under POCSO Act. Investigation started. After completion of
investigation, charge sheet was filed and the case was committed to the Special
Court. The Special Court upon critical evaluation of the evidence placed on
record has convicted and sentenced the appellant as referred above.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the present appellant
has falsely been implicated. The prosecutrix as well as her father turned hostile
and did not support the version of the prosecution. The appellant is the brother-
in-law of the prosecutrix. Appellant has two minor children and there is no one
at his home to lookafter them. The appellant has suffered jail incarceration of
about 4 years. The appeal is of the year 2022 and there is no likelihood of final
hearing of appeal in early future. On such grounds, learned counsel prays for
suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent-State opposes the
application supporting the impugned judgment.
Upon hearing learned counsel for the parties, without commenting on
merits of the case, regard being had to the fact that the appellant has suffered
four years' jail incarceration and the appeal is of 2022, there is no likelihood of
appeal being heard finally in near future, in the obtaining facts and
circumstances, appellant is held entitled for extension of benefit of suspension
of jail sentence.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant Bharat Jatav 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.2,00,000/- (Rupees Two Lacs 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 03.01.2024 and on other subsequent dates as
may be fixed in this behalf.
Accordingly, I.A. No.18847/2023 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) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.11.04
11:15:22 +05'30'
