Madhya Pradesh High Court
Baba @ Sanda Baba @ Rajpal @ Radhamohan ... vs The State Of Madhya Pradesh on 13 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9401 of 2018
(BABA @ SANDA BABA @ RAJPAL @ RADHAMOHAN TOMAR Vs THE STATE OF MADHYA PRADESH)
Dated : 13-02-2024
Shri D.S. Rajawat - Advocate for the appellant.
Shri Rajesh Shukla- Additional Advocate General for respondent/State.
Heard on I.A.No.2266 of 2019, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Baba alias Sanda Baba alias Rajpal alias Radhamohan Tomar.
Present appellant stood convicted under Section 5 (D)/6 of POCSO Act
and sentenced to undergo imprisonment for life with a fine of Rs.1,000/- with
default stipulations vide judgment of conviction and order of sentence dated
02.11.2018 passed by IInd Additional Sessions Judge Ambah District Morena
in Sessions Trial No.42 of 2018.
The present appellant so far has undergone actual jail sentence of about
05 years, 10 months and 10 days.
As per prosecution story, on 31.03.2018 at about 5 pm, mother of the
prosecutrix had sent her to Rajodha Bus Stand to purchase some articles. At
about 6 pm, prosecutrix while weeping returned home. When mother of the
prosecutrix asked her as to why she was weeping, she apprised her that the
appellant had inserted his finger into her private part. When mother of the
prosecutrix examined the private part of the prosecutrix, she found that blood
was oozing out from there. Thereafter, mother of the prosecutrix lodged FIR.
Investigation was set in motion. Upon completion of investigation including
recording of statements, collection of evidence and necessary formalities,
challan was filed before the concerned CJM from where the case was
committed to the Sessions Court. The Sessions Court on appreciation of
evidence placed on record convicted and sentenced the present appellant.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. Present appellant has falsely
been implicated in the instant case. It is further submitted that present appellant
has so far undergone incarceration of about 05 years, 10 months and 10 days. It
is further submitted that the appeal being of 2018 is not likely to be decided in
the near future. 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 Additional Advocate General, 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.
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 incarceration of about 05 years, 10
months and 10 days and the appeal which is of the year 2018 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.2266 of 2019 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- Baba alias Sanda Baba alias Rajpal alias Radhamohan Tomar
is directed to appear before the Registry of this Court first on 20.05.2024 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
ojha
