Madhya Pradesh High Court
Golu @ Jitendra vs The State Of Madhya Pradesh on 6 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9133 of 2023
(GOLU @ JITENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 06-10-2023
Shri D.S. Tomar- Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for respondent/State.
Heard o n I.A. No.14897 of 2023, which is first application under
Section 389(1) of Cr.P.C. moved on behalf of sole appellant- Golu alias
Jitendra, seeking suspension of sentence and grant of bail.
Appellant-Golu alias Jitendra stood convicted under Sections 363, 366A
of IPC and under Section 5(tha)/6 of POCSO Act and sentenced to undergo RI
for 2 years with a fine of Rs.1,000/-, RI for 3 years fine a fine of Rs.1,000/- and
RI for 20 years with a fine of Rs.5,000/- with default stipulations vide judgment
of conviction and order of sentence dated 31/05/2023 passed by the Special
Judge (POCSO Act), District Ashok Nagar in Special Sessions Trial
No.25/2019.
Appellant has suffered incarceration of about 6 months in toto, as
transpired during the course of hearing.
A s per prosecution story, mother of the prosecutrix on 21/06/2019
reported orally to the Police Station that on 20/06/2019, at about 3:00 p.m.,
when she was at the railway platform, at that time, her daughter "A" informed
her on mobile that Golu Yadav R/o of village Guchrai had got the prosecutrix
some where on his motorcycle. On the basis of such information, complainant
reached her home at Madkheda and searched the prosecutrix intensely in all
around but of no avail. On the basis of such report of the complainant, Police
Station Dehat, District Ashoknagar registered an FIR at crime No.385/2019 for
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
the offence punishable under Section 363 IPC and the investigation was set in
motion. During investigation, spot map was prepared and the statements of
complainant witnesses were recorded. Thereafter, prosecutrix was recovered
from the clutches of Golu alias Jitendra and her statement under Sections 161
and 164 Cr.P.C. were recorded. After completion of investigation, challan was
filed. The Special Court upon critical evaluation of the 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 of conviction and order of sentence, submits that the trial Court has
not appreciate the evidence available on record in correct perspective and
judgment based thereupon is full of surmises and conjectures. It is further
submitted that the prosecutrix (PW-1), in her both statements recorded under
Sections 161 & 164 Cr.P.C. as well as in Para-4 of her Court statement, has
turned hostile and belied the story of prosecution. It is submitted that it's a case
of false implication. It is further submitted that appeal is of the year 2023 and
there is no likelihood of early disposal of instant appeal in the near future. Thus,
on these grounds, learned counsel for the appellant submits that the present
appellant may be extended the benefit of suspension of sentence and grant of
bail.
Per contra, Shri A.K. Nirankari, Public Prosecutor for respondent/State
opposes the application supporting the judgment impugned and submits that no
exception can be taken in the matter of suspension of sentence and grant of bail
to the appellant looking to the nature and gravity of the offence.
Upon hearing learned counsel for the parties, though this Court refrains
fro m commenting upon rival contentions touching merits of the matter, but
Signature Not Verified
regard being had to the fact that prosecutrix (PW-1) has turned hostile and
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
belied the story of prosecution in her both statements recorded under Section
161 & 164 Cr.P.C as well as in Para-4 of her statement recorded before the
trial Court coupled with the fact that appeal is of the year 2023 and there is no
likelihood of its early disposal, the application deserves to be allowed.
Accordingly, we allow the application and it is directed that the jail
sentence of appellant-Golu alias Jitendra shall remain suspended during
pendency of the present appeal and he be released on bail 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 subject to
verification of factum regarding deposit of fine amount. Appellant-Golu alias
Jitendra i s directed to appear before the Registry of this Court first on
11/12/2023 and on other subsequent dates as may be fixed in this behalf.
Accordingly, I.A. No.14897 of 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) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
(Dubey)
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 10/7/2023
12:07:35 PM
