Madhya Pradesh High Court
Harveer Pal vs The State Of Madhya Pradesh on 4 March, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13811 of 2023
(HARVEER PAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 04-03-2024
Shri M.M. Tripathi - Advocate for the appellant.
Shri A.K. Nirankari - Public Prosecutor for respondent/State
IA. No.4348 of 2024, is an application seeking interim suspension on the
ground of marriage of his daughter which was scheduled on 29-02-2024.
Since marriage of his daughter has already been solemnized on 29-02-
2024, therefore, the I.A. has rendered infructuos. Accordingly, dismissed as
rendered infructuous.
Further heard on IA No.23591 of 2023, first application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Harveer Pal.
Present appellant stood convicted under Sections 450 IPC read with
Section 3(2)(v) of SC/ST Act and sentenced to undergo imprisonment for life
with a fine of Rs.5,000/- and under Section 376 IPC read with Section 3(2)(v)
of SC/ST Act and sentenced to undergo imprisonment for life with a fine of
Rs.5,000/- with default stipulations vide judgment of conviction and order of
sentence dated 25.09.2023 passed by Special Judge [Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989], Guna (M.P.) in Special
Case ATR No.131 of 2018.
As per prosecution story, prosecutrix, at Police Station Bajranggarh,
orally reported to the effect that she belongs to SC cast and was the resident of
village Karod and her house is situated at the field out of the village. Her
husband is employed in the Irrigation Department as a Driver of the S.D.O. On
14.06.2018, her husband was not at home and she was all alone. At about 11:30
in the night when her buffalo made a voice, she got up. At the same time,
somebody knocked the doors of her house. When she opened the doors and lit
the torch, there was Harveer Gadariya (present appellant) who entered the house
forcibly and with ill-intention caught hold of her and committed rape over her
and thereafter fled away. She screamed a lot but no one turned out for her help.
When her husband came back in the morning then she apprised him about the
entire incident. On the basis of which, 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. The Special
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. On merits, it
is submitted that prosecutrix was major and she in her cross-examination has
admitted the fact that she knew the appellant from before and appellant used to
visit house of his uncle - Laxman. It is further submitted that prosecutrix was
having love relationship with the appellant and it was a matter of consent.
Besides, appellant so far has suffered almost 06 months and appeal being of the
year 2023 is not likely to be decided in 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 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
as prosecutrix remained firm to her statement before the Court also. Hence,
prays for dismissal of the application.
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 obtaining facts and circumstances of the case and
appeal which is of the year 2023 is not likely to be decided in the near future
and during trial appellant remained on bail and did not misuse the liberty granted
to him, we are of the view that present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, IA No.23591 of 2023 stands allowed and it is directed that
the jail sentence of appellant-Harveer Pal 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.
Appellant-Harveer Pal is directed to appear before the Registry of this
Court first on 02.07.2024 and on other subsequent dates as may be fixed in
this behalf with further following conditions:-
1. Appellant shall mark his presence before the concerned police station
twice in every month.
2. Appellant shall not move to the place of resident of complainant at any
point of time. Besides, if appellant is found to be involved in any such activity
much less criminal activity causing threat to peace and tranquility in the area or
life and liberty of the complainant and others in any way, the respondent/ State
shall be at liberty to approach this Court for cancellation of his bail.
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
vc
SUNEEL
DUBEY
2024.03.05
15:53:01
+05'30'
