Jaswant @ Karuaa vs The State Of Madhya Pradesh
2023 Latest Caselaw 15151 MP

                                                              1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR


                                               CRA No. 4183 of 2022
                               (JASWANT @ KARUA & Ors. Vs THE STATE OF MADHYA PRADESH THR)


                       Gwalior dated 13.9.2023
                             Shri Pramod Kumar Sharma, learned counsel for the appellants.
                             Shri Rajesh Shukla, learned Additional Advocate General for the
                       respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.15816/2023, 1st application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant-

Suraj Shakya.

This criminal appeal assails the judgment dated 23.2.2022 passed

by the Special Judge, Gwalior, in ST No.386/2018, whereby appellant has

been convicted under Sections 5g/6 of the POCSO Act and sentenced to

undergo 20 years RI with fine of Rs.500/-.

Prosecution case in brief is that on 8.7.2018 Namita, Team Member

of Railway Child-line Bhopal lodged a written report to SHO, police

Station GRP Bhopal to the effect that on 6.7.2018 on plateform No.1,

Railway Station, Bhopal, towards Beena end near water cooler

prosecutrix along with her friend Bhola Jatav aged 14 years was found. Signature Not Verified Signed by: MADHU SOODAN PRASAD At that time, prosecutrix told her name as Golu Jatav and introduced Signing time: 14-09-2023 11:08:31 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

herself as a boy. On enquiry from her family members, it came out that

she is a girl. The prosecutrix informed that Bhola Jatav has committed

rape with her on 4.7.2018 at Gallamandi, near Sabji Mandi, Gwalior, in a

dilapidated house. Beside that, Jaswant and Suraj have also committed

rape with her one month ago at the same house. On the said report, crime

No.251/2018 was registered at GRP Bhopal under Section 376(d) and

Section 5(d)(e)/6 of the POCSO Act. Later on, matter was transferred to

police Station Janakganj, Gwalior where crime No.492/2018 was

registered for the aforesaid offices. After investigation, charge-sheet was

filed. After trial, appellant has been convicted & sentenced as aforesaid.

It is submitted by learned counsel for the appellant that prosecutrix

(PW-3) has stated in para 8 of her cross-examination that appellant Suraj

has not committed any wrong with her. It is further submitted that co-

appellant Jaswant has been granted suspension of sentence by this Court

vide order dated 17.8.2023 and the case of the appellant is identical to

that of co-appellant. During trial, appellant remained in custody for 1320

days and thereafter from the date of judgment i.e. 23.2.2022 he is in

custody, thus he has already suffered near about 5 years & 1 month's Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 14-09-2023 11:08:31 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

incarceration. He has a good case on merits. Final hearing of the appeal

will take time. On such premises, learned counsel for the appellant prayed

for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.15816/2023 is

allowed and it is directed that jail sentence of appellant - Suraj Shakya

will remain under suspension subject to verification that the amount of

fine has been deposited, on appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of

the like amount to the satisfaction of concerned Trial Court for his

appearance before the Principal Registrar of this Court on 18th December,

2023 and thereafter on such further dates as may be fixed by the office of

this Court in this regard till disposal of the appeal.

C.c. as per rules.

Signature Not Verified        (Rohit Arya)                          (Deepak Kumar Agarwal)
Signed by: MADHU
SOODAN PRASAD
                                 Judge                                      Judge
             ms/-
Signing time: 14-09-2023
11:08:31 AM