Ramveer Adiwasi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14657 MP

                                                                   1

                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                   CRA-853-2023

                             (RAMVEER ADIWASI Vs . THE STATE OF MADHYA PRADESH)

                           DATED:- 05-09-2023

                                 Shri Tapendra Sharma - Advocate for the appellant.
                                 Shri Rajesh Shukla- Additional Advocate General for the
                           respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.13927/2023, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant-Ramveer Adiwasi.

This criminal appeal assails the judgment dated 16.11.2022 passed in Special Case No.10/2020 by learned Special Judge (POCSO Act) Shivpuri District Shivpuri (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

363 of IPC 2 Years R.I. 1000/- 6 Months RI 366 of IPC 3 Years R.I. 1000/- 6 Months RI 6 of POCSO Act 20 Years R.I. 1000/- 1 Year RI In brief, case of the prosecution is that, on 27.12.2019, father of the prosecutrix lodged a missing complaint of his daughter. He raised suspicion that present appellant Ramveer Adiwasi and his companion Chhotu Adiwasi enticed her daughter and took her somewhere. On his report, FIR bearing crime No.352/2019 for the offence punishable under Section 363 of IPC was registered against present appellant and co-

accused Chhotu Adiwasi. Prosecutrix was recovered on 01.01.2020 and

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 06-09-2023 10:40:27 AM

her statement was recorded. She was sent for medical examination. Appellant was arrested. After investigation, charge-sheet in the matter was submitted. After conclusion of trial, trial Court convicted the appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. It is further submitted that the prosecutrix has not supported the prosecution case and turned hostile. There are lot of contradictions in the statements of prosecution witnesses. Before passing of the impugned judgment, the appellant and the prosecutrix had solemnized marriage. Appellant has suffered about two years of incarceration and he is the permanent resident of District- Shivpuri (M.P.) and there are fair chances of success of this appeal. Present appeal is of the year 2023 and final hearing of the case will take time. Under these circumstances, the execution of jail sentence be suspended and the appellant be released on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the respondent/State opposed the bail application and prayed for rejection of this application.

Keeping in view of the aforesaid submissions of learned counsel for the parties, without commenting upon merits of the case, IA No. 13927/2023 is allowed. It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes 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 trial Court for his appearance before the Registry of this Court on 18th December, 2023 nd on such subsequent dates as may be fixed in this regard, sentence of

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 06-09-2023 10:40:27 AM

imprisonment awarded to him, shall remain suspended till further orders and he shall be released on bail.

I.A. No. 13927/2023 stands allowed and disposed of. Certified copy as per rules.

                            (ROHIT ARYA)                            (DEEPAK KUMAR AGARWAL)
                               JUDGE                                        JUDGE


                ojha




Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 06-09-2023
10:40:27 AM