Madhya Pradesh High Court
Dharmendra Rajak vs The State Of Madhya Pradesh on 31 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9281 of 2022
(DHARMENDRA RAJAK Vs THE STATE OF MADHYA PRADESH)
Dated : 31-10-2023
Shri Sunil K. Mishra - Advocate for appellant.
Shri Anubhav Jain - Public Prosecutor for respondent/State.
It is informed by the learned Public Prosecutor that the victim has been
served on 30.07.2023.
2. Heard on I.A. No.23252 of 2022.
3. This the first application seeking for suspension of sentence and bail filed
on behalf of appellant/accused - Dharmendra Rajak who has been convicted
under Sections 363 and 366 of the Indian Penal Code and sentenced to R.I. for
5 years and 7 years and to pay fine of Rs.2,000/- and Rs.3,000/- respectively
and further convicted under Section 5/6 of the POCSO Act and sentenced to
undergo R.I. for 20 years and fine of Rs.10,000/- with default stipulations vide
impugned judgment of conviction and order of sentence dated 20.09.2022
passed by the learned Special Judge, Tikamgarh in Special Case No.20 of
2019.
4. It is the case of the prosecution that the present appellant abducted the
minor girl from the lawful guardianship of her parents and committed sexual
intercourse with her. After investigation, charge sheet was filed against the
appellant. After trial, he was convicted and sentenced as mentioned
hereinabove.
5. It is submitted by the learned counsel for the appellant that the victim as
well as the appellant were known to each other. They have resided together for
a period of almost four years and thereafter she was recovered. Appellant is in
Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 11/2/2023
5:53:38 PM
custody for about 1 year 2 months. 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.
6. State counsel has vehemently opposed the application stating that she was
13 years of age 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 a period of four years without raising any
objection.
7. 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.23252 of 2022 is allowed.
8. Subject to deposit of the fine amounts, the remaining jail sentence of the
appellant/accused - Dharmendra Rajak 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 19.01.2024 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: 11/2/2023
5:53:38 PM
