Madhya Pradesh High Court
Rajendra Jatav vs The State Of Madhya Pradesh on 16 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1707 of 2019
(RAJENDRA JATAV Vs THE STATE OF MADHYA PRADESH)
Dated : 16-05-2024
Shri Ashok Jain, learned counsel for the appellant.
Dr. Ms. Anjali Gyanani- Govt. Advocate for the respondent/State.
Heard on IA No.16748 of 2023, eight application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant Rajendra Jatav. First and Third application were dismissed as
withdrawn. Fourth and seventh were temporarily allowed. Second, fifth and
Sixth were dismissed.
Present appellant stood convicted under Section120-B r/w Sec. 364-A of
IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/-, and
under Section 368 of IPC r/w Section 13 of MPDVPK Act and sentenced to
undergo Life Imprisonment with fine of Rs.10,000/- with default stipulations
vide judgment of conviction and order of sentence dated 12.11.2018 passed by
Special Judge, (MPDVPK Act), Gwalior in Special Case No. 700041/2008.
A s per prosecution story, on 30-01-2008 at 07:15 pm, complainant
Nandkumar Goyal (PW-01) lodged a oral report at police Station University to
the effect that on the said date at around 06:30 P.M. when he was at his Shop
namely Goyal Cement Agency, City Center, he received a call from his wife that
something has happened to his son Raja and asked him to come to home. After
that, when he reached home, his wife told that neighbours Raj Srivastava,
Advocate, Shrivastava madam and mother of Lucky came and told her that a
child's slipper and bicycle were lying near the house and asked her as to
whether it belonged to Utkarsh. On this, complainant along with his wife
reached the spot in Anupam Nagar near Srivastava's house. He found one
slipper and bicycle of his son Utkarsh lying there. The women of the
neighborhood told that around 06:00-06:15 P.M., some unknown persons were
forcefully holding the child and trying to put him in a red car and when the child
screamed, they covered his mouth, put him in the car and ran away. On the
basis of such information, FIR was registered. Upon completion of
investigation including recording of statements, collection of evidence and
necessary formalities, challan was filed. The Sessions Court on appreciation of
evidence placed on record convicted and sentenced the present appellant as
mentioned above.
Learned counsel appearing on behalf of the present appellant, while
taking exception to the impugned judgment of conviction and order of sentence
submits that the present appellant has falsely been implicated and the judgment
is based on surmises and conjectures. It is further submitted that co-accused
Veer Singh and Vikki have already been granted bail by this Court. It is further
submitted that the appeal being of 2019 is not likely to be decided early 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 State Counsel, 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 and that co-accused Veer Singh and Vikki have already been granted
suspension of jail sentence by a co-ordinate Bench of this Court, coupled with
the fact that the appeal which is of the year 2019 is not likely to be decided in
the near future, in the obtaining facts and circumstances, we are of the view that
appellant is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, IA No.16748 of 2023, stands allowed and it is directed
that the jail sentence of appellant-Rajendra Jatav 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.
Appelllant is directed to appear before the Registry of this Court first on
24.09.2024 and thereafter, 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.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
ar
