Madhya Pradesh High Court
Shiva Saket @ Kshemendra Babu ... vs The State Of Madhya Pradesh on 9 November, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 4021 of 2020
(SHIVA SAKET @ KSHEMENDRA BABU CHOUDHARY Vs THE STATE OF MADHYA PRADESH AND
OTHERS)
Dated : 09-11-2023
Shri P.K.Singh - Advocate for appellant.
Shri A.N.Gupta - Public Prosecutor for respondent No.1/State.
Heard on I.A. No.25073 of 2023.
2. This is the second application seeking for suspension of sentence and bail
filed on behalf of appellant/accused - Shiva Saket @ Kshemendra Babu who
has been convicted under Section 363 of the Indian Penal Code and sentenced
to R.I. for two years and to pay fine of Rs.500/-, Section 366 of Indian Penal
Code and sentenced to R.I. for 6 years and to pay fine of Rs.500/-, Section
366-A of Indian Penal Code and sentenced to R.I. for 6 years and to pay fine
of Rs.500/-, Section 376(2)(n) of Indian Penal Code and sentenced to R.I.for
12 years and to pay fine of Rs.4,000/- and Section 5(1)/6 of the POCSO Act
and sentenced to R.I. for 12 years and to pay fine of Rs.4,000/- with default
stipulations vide impugned judgment of conviction and order of sentence dated
21.05.2020 passed by the learned Special Judge, (The Protection of Children
from Sexual Offences Act, 2012), District Rewa in Sessions Trial No.51 of
2019. His first application for suspension of sentence (I.A.No.8058 of 2020)
was dismissed as withdrawn vide order dated 26.02.2021.
3. T he case of the prosecution is that the father of the victim lodged a
missing report that since 23.07.2019 at about 7.00 P.M. the victim was missing.
During the course of investigation, on 03.08.2019, it is informed that the
appellant has taken away the victim from the lawful guardianship of her parents
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 11/9/2023
6:12:44 PM
and the victim wanted to marry with the appellant. After investigation, it is found
that the appellant abducted the victim from the guardianship of her parents and
committed rape upon her. It is alleged that at the time of commission of offence
the victim was aged about 16 years and 4 months. It is alleged that when she
returned back, her statements were recorded in that she alleged against the
present appellant for commission of offences as aforementioned. After trial he
was convicted and sentenced as mentioned above.
4. This application has been filed on the ground that the victim was aged
about more than 17 years as well as the victim and the appellant have stayed
together for a period of 11 days. They have travelled at various places without
any resistance. Appellant is a young boy aged about 20 years. He has been in
custody for more than two years. He is ready to abide by all the terms and
conditions that may be imposed by this Court while considering his application
for grant of bail.
5. State counsel has vehemently opposed the contentions stating that there is
sufficient material available on record against the present appellant. There is
active participation of the present appellant in the commission of offence. On
these grounds, he has prayed for dismissal of the application.
6. Considering the overall facts and circumstances of the case, without
commenting upon the merits, we deem it just and necessary to enlarge the
appellant on bail. Consequently, I.A. No.25073 of 2023 is allowed.
7. Subject to deposit of the fine amounts, the remaining jail sentence of the
appellant/accused- Shiva Saket @ Kshemendra Babu shall remain suspended
and he is directed to be enlarged on bail on furnishing a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of
the like amount to the satisfaction of the trial Court for his appearance before
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 11/9/2023
6:12:44 PM
the concerned Court/C.J.M. on 18.01.2024 and thereafter on such other
subsequent dates as may be fixed in that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 11/9/2023
6:12:44 PM
