Dheeraj Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14794 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        CRA No. 195 of 2015
                                              (DHEERAJ SINGH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-09-2023
                                 Shri Pawan Vijayvargiya- Advocate for appellant.

                                 Shri R.K. Shukla- Additional Advocate General for respondent- State.

Per Justice Deepak Kumar Agarwal:-

Heard on IA No. 15204 of 2023, fourth application under Section 389(1) CrPC moved on behalf of appellant- Dheeraj Singh for suspension of jail sentence and grant of bail. His third application for suspension of sentence was

dismissed as withdrawn by the coordinate Bench vide order dated 13.01.2023.

Vid e judgment dated 04th February, 2015 passed by Additional Sessions Judge, Lahar District Bhind in Sessions Trial No. 277 of 2014, appellant has been convicted under Section 376(gha) of IPC and sentenced to undergo life imprisonment with fine of Rs.1,00,000/-, under Section 450 of IPC and sentenced to undergo five years R.I. with fine of Rs.25000/-, under Section 506 Part II and sentenced to undergo two years R.I. with fine of Rs.10,000/-, under Section 12 of POCSO Act and sentenced to undergo two years R.I. with fine of Rs.50,000/- with default stipulation.

In brief, the prosecution case is that on 09.02.2014 at 8:30 pm, present appellant took the prosecutrix alongwith him on the pretext that his wife is calling her for some work. When they reached at the residence of appellant, the wife of the appellant was not there. Thereafter the appellant closed the door and on the point of gun, forced her to put off her clothes and took her naked photographs and threatened her that you shall have to come whenever he call you, otherwise he would viral her photographs. Due to fear, prosecutrix did not Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 09-09-2023 10:51:32 AM

tell anything to her parents. On 16.04.2014 when parents of the prosecutrix had gone to outstation to attend a marriage ceremony and brother of the prosecutrix had gone to market, at about 6 pm, the accused persons came to her house and closed the door and took out the gun and knife and on the point of said weapons, the present appellant and co-accused Kamlesh committed rape on her one by one. On 08.06.2014 when parents of the prosecutrix came back, prosecutrix narrated the story to her parents. Thereafter FIR at Police Station Alampur was registered. Matter was investigated. Statements of witnesses were recorded. Victim was sent for medical examination. Accused appellant was arrested. After completion of investigation, charge sheet was presented before

the competent Court from where case was committed to Special Court for its trial. The appellant abjured his guilt and pleaded complete innocence. After conclusion of trial, the trial Court convicted and sentenced present appellant vide impugned judgment for the offence as mentioned above.

Learned counsel for the appellant submits that the appellant has been falsely implicated and he has been wrongly convicted by the trial Court. It is further submitted that during trial, the appellant was on bail and he did not misuse the liberty so granted. It is further submitted that appellant has suffered incarceration of about nine years and two months and he is permanent resident of District Bhind (M.P.). There are fair chances of success of present appeal. Under these circumstances, the execution of jail sentence of appellant be suspended and he be released on bail.

Learned counsel for the State opposed suspension application and prayed for its rejection.

Considering the aforesaid facts and circumstances of case but without commenting upon the merits of the case, aforesaid IA deserves to be and is Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 09-09-2023 10:51:32 AM

hereby allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification that amount of fine has been deposited, on his furnishing a personal bail bond of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 11th of December, 2023 and on such further dates as may be fixed by the Office in this regard, till disposal of this appeal.

Aforesaid IA stands closed.

CC as per rules.

                              (ROHIT ARYA)                                    (DEEPAK KUMAR AGARWAL)
                                 JUDGE                                                 JUDGE

                           ojha




Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 09-09-2023
10:51:32 AM