Madhya Pradesh High Court
Raghvendra Singh vs The State Of Madhya Pradesh on 12 September, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 436 of 2023
(RAGHVENDRA SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 12-09-2023
Shri Sourabh Singh Thakur - Advocate for appellant.
Shri Abhinav Jain - Public Prosecutor for respondent/State.
Heard on I.A. No.4479 of 2023.
This is the first application for suspension of sentence and grant of bail
filed on behalf of appellant/accused Raghvendra Singh, who has been convicted
for the offences under Sections 363, 366 of the IPC and section 5-L read with 6
of the Protection of Children from Sexual Offences Act, 2012 and sentenced to
R.I for 5 years with fine of Rs.2000/-, R.I for 7 years with fine of Rs.3000/- and
R.I for 20 years with fine of Rs.5000/- respectively, with default stipulations,
vide judgment dated 14.12.2022 passed by the Additional Sessions Judge ,
Nowgaon, District Chhatarpur in Special Case No.13 of 2017.
T he case of the prosecution is that on 28.04.2017 the victim and her
family members were sleeping in the courtyard of their house. At about 3 AM in
the night when her brother woke up he saw that the victim was not at home. The
door of the house was open. Thereafter an FIR was lodged for offence under
Section 363 of the IPC against the unknown person. The investigation was
taken up. The accused was arrested on 24.08.2027 namely after the period of
four months. The statement of the victim was recorded. She has stated that she
had run away from the house because her parents were forcing her to marry
someone else. Therefore, the contention of the appellant is that there was no
offence committed by him. That she had gone out of her own free will. The
same is disputed by the State on the ground that the victim was a minor.
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 9/13/2023
1:08:39 PM
On hearing the contentions, we are of the view that the accused is entitled
to be released on bail. They have stayed together for a period of almost four
months in Delhi. They moved around in all the public places. That during this
period, she was also talking to her parents through her telephone. Therefore,
these are all material which the prosecution will have to establish at the stage of
final hearing. For the present, it is suffice to notice that the appellant is entitled
to be enlarged on bail.
Consequently, I.A. No.4479 of 2023 is allowed. Subject to deposit of
fine amounts, the remaining jail sentence of the appellant shall remain suspended
and appellant/accused Raghvendra Singh is directed to be enlarged on bail on
he 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
28.11.2023 and thereafter on such other subsequent dates as may be fixed in
that behalf.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
C
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 9/13/2023
1:08:39 PM
