Madhya Pradesh High Court
Pappulal Sahu vs The State Of Madhya Pradesh on 28 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 8438 of 2023
(PAPPULAL SAHU Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 28-05-2024
Shri Prakhar Naveriya - Advocate for the appellant.
Shri Nishant Yadav - Panel Lawyer for the respondent/State.
Trial Court record has been received.
Heard on admission.
Trial Court record perused.
Prima facie, this appeal seems to be arguable. Hence admitted for
final hearing.
Also heard on I.A. No 6970/2024 application under Section 389 of
the Cr.P.C for suspension of sentence and grant of bail to appellant -
Pappulal Sahu arising out of judgment dated 29.04.2023 delivered in
Special Case No. 72/2021 by Special Judge (POCSO Act), Waidhan
District Singrauli (M.P.)
The appellant has been convicted and sentenced for the offence
punishable under Sections 376D of IPC and sentenced to undergo R.I. for
2 0 years with fine of Rs.20000/-, and Section 3(2)(v) of SC/ST
(Prevention of Atrocities) Act and sentenced to life imprisonment, fine of
Rs. 20,000/- with default stipulations respectively.
Learned counsel for the appellant while pressing the application for
suspension of sentence submits that as per prosecution version the co-
accused is stated to have called the victim near temple and committed
sexual assault on the victim, then the said co-accused is stated to have
called the present applicant and left the place. The present applicant is then
stated to have committed sexual assault on the victim.
Learned counsel for appellant submits that the prosecution version is
improbable because the incident is stated to have taken place behind the
temple which is public place. The time line of the incident is from 7 pm in
the evening till 5 am in the next morning. By referring to the deposition of
the victim PW/2, it is pointed out that the victim has admitted that she did
not give any call of distress when she was being subjected to the crime and
also her mouth was not gagged to prevent her from giving cries of distress.
It is admitted by her that there are houses of other persons hardly 50 meters
from the place of incident and it is also admitted that the temple is also
only 50 meters from the place of incident. Learned counsel for the
appellant has thus argued that the incident seems highly improbable. There
is no injury on the body of victim. The DNA report was is inconclusive as
the DNA was uninterpretable. There is a delay of 9 days in lodging the
FIR. It is also argue that the appeal is of the year 2023. Final hearing of this
appeal is not possible in near future. Thus, the remaining jail sentence of
the present appellant may be suspended.
The prayer is opposed by learned counsel for the respondent/State
on the basis of written objection.
Considering the aforesaid factual backdrop and bleak possibility of
final hearing of this appeal in near future but without expressing any
conclusive opinion on the merits of the case, we deem it proper to suspend
the remaining jail sentence of appellant.
Accordingly, I.A. No. 6970/2024 is allowed and disposed of.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is
directed that appellant - Pappulal Sahu be released on bail on his
furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the
satisfaction of the trial Court with a further direction to appear before the
trial Court, Waidhan District Singrauli o n 25.10.2024 and also on such
other dates as may be fixed by the trial Court in this regard during the
pendency of this appeal.
List along with Cr.A. No.7026/2023 for final hearing in due course.
Certified copy as per Rules.
(DINESH KUMAR PALIWAL) (VIVEK JAIN)
JUDGE JUDGE
ak
