Madhya Pradesh High Court
Ajmer Singh vs The State Of Madhya Pradesh on 5 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7225 of 2023
(AJMER SINGH Vs THE STATE OF MADHYA PRADESH)
Dated : 05-02-2024
Shri Ashirbad Dwivedi - Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General for the
respondent/State.
Heard on IA No.18747/2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Ajmer Singh.
Present appellant stands convicted under Section 376 of I.P.C. and
sentenced to undergo imprisonment for fifteen years with fine of Rs.5,000/-
with default stipulation vide judgment of conviction and order of sentence dated
15.11.2022 passed by Special Judge (POCSO Act, 2012) District Shivpuri
(M.P.) in Special Case No.108/2019.
The appellant so far has undergone jail sentence of about 18 months, as
stated by learned counsel for appellant.
As per prosecution story, the prosecutrix lodged a report at the Police
Station Kotwali, District Shivpuri to the effect that on 16.08.2019 at around 11-
12 O'clock in the night, she was sleeping outside the room on a tin shed and her
brother, sister and parents were sleeping on other cots (khatiya). At that time,
Ajmer Kishwaha came and took her forcibly to his room and locked the door.
He took off her and his own clothes and forcibly outraged her modesty. When
she screamed, her mother and brother came to the room and opened the gate,
then after wearing clothes, he ran away from there. The FIR was registered.
Investigation was set in motion. Upon completion of investigation including
recording of statements, collection of evidence and necessary formalities,
challan was filed and the case was committed to the Court of Special Judge for
trial. The Special Judge on appreciation of evidence placed on record convicted
and sentenced the present appellant, as aforesaid.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Court below has
not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is further submitted that the
appeal being of 2023 is not likely to be decided in the near future. There are
contradictions between the statements of prosecutrix recorded under Sections
161 and 164 of Cr.P.C. The appellant was on bail during trial and he did not
misuse the liberty so granted to him. On these grounds, learned counsel submits
that the present appellant may be extended the benefit of suspension of
sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant so far has undergone
incarceration about 18 months and the appeal which is of the year 2023 is not
likely to be decided in the near future and in the obtaining facts and
circumstances of the case, we are of the view that present appellant is entitled to
the benefit of suspension of jail sentence and grant of bail.
Accordingly, IA No.18747/2023, 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.2,00,000/- (Rupees Two Lacs only) with one solvent surety in
the like amount to the satisfaction of the Trial Court.
Appellant is directed to appear before the Registry of this Court first on
09.05.2024 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) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Aman
