Madhya Pradesh High Court
Daupal Baghel vs State Of M.P. on 15 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 422 of 2014
(DAUPAL BAGHEL Vs STATE OF M.P.)
Dated : 15-02-2024
Shri Rajkumar Singh Kushwah - Advocate for appellant.
Shri Rajesh Shukla - Additional Advocate General for the respondent-
State.
Heard on I.A.No. 886 of 2024, fifth repeat application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of the appellant - Daupal Baghel. His earlier application was
dismissed as withdrawn vide order dated 05.10.2023 with liberty to revive the
prayer after three months.
Present appellant stood convicted under Section 4 of POCSO Act and
sentenced to undergo life imprisonment with fine of Rs.1000/- and under
Section 302 of IPC and sentenced to undergo life imprisonment with fine of
Rs.1000/-, with default stipulations, vide judgment of conviction and order of
sentence dated 15.01.2014 passed by Fourth Additional Sessions Judge Bhind,
District Bhind in Sessions Trial No.80/2013.
The present appellant so far has undergone jail sentence of more than 11
years, as stated by learned counsel for the appellant.
The prosecution's case, in nutshell, is that on 21.01.2013, complainant's
daughter aged about 14 years had gone to ease herself near Mahadev temple,
when she did not return for about an hour, he along-with Bhuribai, Saraswatibai
and Mulle went towards the temple's land to search, at that time the accused ran
in fear from inside the mustard crop standing in the field. They went to the spot
and saw that the prosecutrix was lying dead, one scarf was tied around her
neck, she was dragged for about 15 feet, her body was smeared with mud and
mustard flowers and her salwar was downward. The accused had raped the
prosecutrix and murdered her. Mustard flowers, wet soil etc. were also found
on the clothes of the accused. The accused was caught on the spot and the
police was informed. The FIR was registered at Crime No. 16/2013 by Police
Station Malanpur, District Bhind. Upon completion of investigation including
recording of statements, collection of evidence and necessary formalities,
challan was filed and the case was committed to the Sessions Court. The
Sessions Court 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 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 submitted that no DNA test was
conducted. It is further submitted that while disposing of the earlier application
of appellant on 05.10.2023 , this Court had granted liberty to the appellant to
revive his prayer after three months. The appellant so far has suffered
incarceration of more than 11 years and the appeal being of the year 2014 is not
likely to be decided in the near future. Under such circumstances, prayer is
made for suspension of sentence and grant of bail to the appellant.
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 more than 11 years and
the appeal which is of the year 2014 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. 886 of 2024 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
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
Aman
