Guruprasad Baiga vs The State Of Madhya Pradesh
2023 Latest Caselaw 17800 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 11614 of 2023
                                      (GURUPRASAD BAIGA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 26-10-2023
                                 Shri Bhupendra Kumar Shukla - Advocate for appellant.

                                 Shri G.S. Thakur - Public Prosecutor for respondent/State.

Shri Dhiresh Singh Dubey - Advocate for objector.

Heard on I.A. No.21848 of 2023.

2. This is the first application seeking for suspension of sentence and bail

filed on behalf of appellant/accused - Guruprasad Baiga who has been convicted under Sections 363, 366 and 376(3) of the Indian Penal Code and sentenced to R.I. for 7 years, R.I. for 10 years and to pay fine of Rs.1,000/-, Rs.2,000/- respectively and further convicted under Section 5(L)/6 and sentenced to undergo R.I. for 20 years and to pay fine of Rs.3,000/- with default stipulations vide impugned judgment of conviction and order of sentence dated 16.08.2023 passed by the learned Special Judge, Anuppur in Special Case No.62 of 2019.

3. The case of the prosecution is that on 17.11.2018 appellant abducted the

victim who is a minor girl on false pretext of marriage and thereafter he forcibly committed sexual intercourse with the victim. On the basis of the complaint, the police lodged the report and the aforesaid offences came to be registered against the present appellant. After investigation charge sheet was filed against the appellant. After trial, he was convicted and sentenced as mentioned hereinabove.

4. This application has been filed on the ground that the victim as well as the appellant were known to each other. The victim has gone to Gujarat and Signature Not Verified Signed by: LORETTA RAJ Signing time: 10/30/2023 12:53:19 PM

remained with the present appellant in a rented premises for a period of about one year without raising any hue and cry and there was no complaint made to anyone. The appellant is in custody for about four years. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence and grant of bail.

5. State counsel has vehemently opposed the contentions stating therein that the victim was minor at the time of commission of offence and the consent of minor is of no value but he could not dispute the fact that victim has resided with the present appellant for about one year 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.21848 of 2023 is allowed.

7. Subject to deposit of the fine amounts, the remaining jail sentence of the appellant/accused - Guruprasad Baiga 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 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: 10/30/2023
12:53:19 PM