Ravindra Kewat vs The State Of Madhya Pradesh
2023 Latest Caselaw 19100 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 11221 of 2022
                                           (RAVINDRA KEWAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-11-2023
                                Shri Naveen Kumar - Advocate for appellant.

                                Shri A.N. Gupta - Public Prosecutor for respondent/State.

Heard on I.A. No.22876 of 2022.

2. This is the first application seeking for suspension of sentence and grant of bail filed on behalf of appellant/accused Ravindra Kewat who has been

convicted under Sections 363/109 and 366-A of the Indian Penal Code read with Section 16/17 of the POCSO Act and sentenced to undergo R. I. for seven years and R.I. for ten years and to pay fine of Rs.1,000/- and Rs.1,000/- respectively with default stipulations vide judgment of conviction and order of sentence dated 14.11.2022 passed by the 18th Additional Sessions Judge/Special Judge, Bhopal in S.C.No.50 of 2021.

3. It is the case of the prosecution that the present appellant helped the main accused-Ankit @ Netram in abducting the minor girl from the lawful guardianship of her parents. The main allegation of rape was on the co-accused.

The only allegation against the present appellant is that he has accompanied the victim as well as the main accused upto a particular place. After investigation, charge sheet was filed against the appellant. After trial, he was convicted and sentenced as mentioned hereinabove.

4. It is submitted by the learned counsel for the appellant that the victim as well as the main accused are known to each other. They have resided together for quite sometime and thereafter she was recovered. Appellant is in custody since 14.11.2022. He is ready to abide by all the terms and conditions that may Signature Not Verified Signed by: LORETTA RAJ Signing time: 11/9/2023 5:10:25 PM

be imposed by this Court while considering the application for suspension of sentence and grant of bail.

5. The State counsel has vehemently opposed the application stating that the victim was minor at the time of the commission of the offence and has narrated the incident in her statement, but could not dispute the fact that the victim has resided with the present appellant for quite sometime without raising any objection.

6. Considering the overall facts and circumstances of the case but without commenting upon the merits, we deem it just and necessary to enlarge the appellant on bail. Consequently, I.A. No.22876 of 2022 is allowed.

7. Subject to deposit of the fine amounts, the remaining jail sentence of the appellant/accused - Ravindra Kewat 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 concerned Court/CJM for his appearance before the trial Court/concerned Court 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

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 11/9/2023
5:10:25 PM