Madhya Pradesh High Court
Bablu vs The State Of Madhya Pradesh on 26 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 15918 of 2023
(BABLU Vs THE STATE OF MADHYA PRADESH)
Dated : 26-02-2024
Shri Vibhor Kumar Sahu- Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for respondent/State.
Heard on I.A.No.23527 of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant-Bablu Kushwaha.
Present appellant stands convicted under Sections 363, 366 of IPC and
under Sectioin 5L/6 of POCSO Act, 2012 and sentenced to undergo RI for 02
years with a fine of Rs.1,000/-; RI for three years with a fine of Rs.1,000/- and
RI for 20 years with a fine 5,000/- respectively with default stipulations vide
judgment of conviction and order of sentence dated 13/12/2023 passed by
Special Judge (POCSO Act)/Second Additional Judge to the Court of First
District & Additional Sessions Judge, Ashok Nagar, District Ashok Nagar
(M.P.) in SC ATR No.21/2015.
The present appellant so far has undergone actual jail sentence of three
and a half months, as transpired during the course of arguments.
A s per prosecution story, on 23/01/2015, sister of
prosecutrix/complainant, at Police Station Kotwali, reported inter alia alleging
that an unknown person got her minor sister away by extending enticement, on
the basis of which, FIR bearing Crime No.39 of 2015 was registered under
Section 363 IPC. Investigation was set in motion. During the course of
investigation, prosecutrix was recovered on 28.01.2015 and her statements were
recorded in which she disclosed the name of present appellant with allegation
that on the pretext of solemnization of marriage, present appellant committed
rape on her. Upon completion of investigation including collection of evidence,
challan was filed. The case was committed to the Sessions Court for trial. The
Sessions Court on appreciation of evidence placed on record convicted and
sentenced the present appellant as mentioned above.
Learned counsel for the present 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. The MLC
does not suggest any external or internal injuries on the body of the prosecutrix
and that prosecutrix was subjected to forcible intercourse. In fact, prosecutrix
and present appellant were well known to each other. He further submits that
apart from the statement of the prosecutrix that she is major, in her ossification
test she has been found to be of the age between 18-20 years. Besides, present
appellant so far has suffered three and a half months approximately. The appeal
is of the year 2023 and 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.
P e r 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 suffered
incarceration of three and a half month and that the appeal is of the year 2023
and is not likely to be decided in the near future, in the obtaining facts and
circumstances, 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.23527 of 2023 stands allowed and it is directed
that the jail sentence of sole appellant-Bablu Kushwaha 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 Lac
only) with one solvent surety in the like amount to the satisfaction of the Trial
Court.
Present appellant is directed to appear before the Registry of this Court
first on 30.05.2024 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
(Dubey)
