Madhya Pradesh High Court
Sewaram Rawat vs State Of M.P. on 2 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1050 of 2013
(SEWARAM RAWAT Vs STATE OF M.P.)
Dated : 02-02-2024
Shri Jagdish Singh - Advocate for appellant.
Shri S.S. Kushwah - Public Prosecutor for respondent/State.
Heard on IA No. 19205 of 2023, first application under Section 389
CrPC moved on behalf of appellant - Sevaram Rawat for suspension of jail
sentence and grant of bail.
Appellant - Sevaram Rawat stood convicted under Section 302 of IPC
r/w 11/13 of MPDVPK Act and sentenced to undergo life imprisonment with
fine of Rs.1000/- and under Section 364 of IPC and 11/13 of MPDVPK Act
and sentenced to undergo life imprisonment with fine of Rs.1000/- and under
Section 363 of IPC and sentenced to undergo seven years R.I. with fine of
Rs.1000/- with default stipulations vide judgment dated 25.09.2013 passed by
Special Judge (MPDVPK Act) Datia in Special Case No.02/2013.
T he present appellant so far has undergone actual incarceration of 10
years, 11 months and 22 days and with remission 04 years, 05 months and 29
days, as per the report dated 20.12.2023 submitted by the Superintendent,
Central Jail, Gwalior.
A s per prosecution story, deceased Vikram aged 10 years and Rakhi
(PW-1) both were students of Class 5th and used to reside with their Nana
namely Hardayal at village Sujed Police Station Dursada. Smt. Girja (PW-4) and
Kallu (PW-5) are parents of the deceased. Prior to the incident, there was some
dispute between the parents of the deceased and the present appellant and it is
alleged that the appellant had threatened to kill the deceased. On 21.12.2012 at 5
pm the appellant had taken the deceased with him, in regard to which a missing
person report was lodged. On 25.12.2012 the appellant was arrested and on his
information the dead body of deceased was recovered near a culvert.
Thereafter, FIR was registered. After collection of material evidence, challan
was filed and the case was committed to the Sessions Trial. The Sessions
Court on proper appreciation of evidence placed on record convicted and
sentenced the present appellant as referred above.
Learned counsel for the appellant, while taking exception to the impugned
judgment interalia, submits that it is a case of false implication. It is submitted
that the present appellant so far has undergone actual incarceration of 10 years,
11 months and 22 days and with remission 04 years, 05 months and 29 days, as
per the report dated 20.12.2023 submitted by the Superintendent, Central Jail,
Gwalior. The appeal is of the year 2013 and there is no likelihood of early
hearing of this appeal in near future. Under such circumstances, learned
counsel submits that the present appellant may be extended the benefit of
suspension of sentence and grant of bail.
Per contra, learned counsel for the respondent/State submits that it is a
case of murder of an innocent person. Hence, no exception may be taken in the
matter of grant of benefit of suspension of sentence.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone actual incarceration of 10 years, 11
months and 22 days and with remission 04 years, 05 months and 29 days, as
per the report dated 20.12.2023 submitted by the Superintendent, Central Jail,
Gwalior and the appeal which is of the year 2013 is not likely to be decided in
the near future, we are of the view that present appellant is entitled to the benefit
of suspension of sentence and grant of bail.
Accordingly, I.A. No.19205/2023 stands allowed and it is directed that
the jail sentence of present appellant shall remain suspended during pendency of
the present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in
the like amount to the satisfaction of the Trial Court subject to the following
conditions :-
1. That the appellant shall mark his presence before the concerned police
station twice every week till pendency of this appeal.
2. If the appellant is found to be involved in any other criminal activity
either against the present complainant or anybody else, the respondent/ State
and the complainant shall be free to move this Court for cancellation of bail.
Appellant is directed to appear before the Registry of this Court first on
07.05.2024 and on other subsequent dates as may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
ojha
