Madhya Pradesh High Court
Indrapal Saket vs The State Of Madhya Pradesh on 21 August, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-2386-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2386 of 2025
(INDRAPAL SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 21-08-2025
Shri Manu V. John - Advocate for the appellants.
Shri S.K. Shrivastava - Public Prosecutor for the respondent No.1-State.
Shri Nagendra Prasad Yadav - Advocate for the respondent No.2.
Heard on I.A. No.5384/2025, first application under Section 389(1) of the
Cr.P.C. for suspension of sentence and grant of bail to appellants Indrapal Saket
S/o Shri Baijnath Saket and Smt. Mamta Saket W/o Shri Indrapal Saket.
The appellants are aggrieved of the judgment dated 08.02.2025 passed by
the learned Special Judge (Protection of Children From Sexual Offences Act,
2012) Rewa (M.P.) in Special case No.15/2022, whereby the appellants stand
convicted and sentenced as under:-
Appellant No.1 Indrapal Saket .
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
376(2)(n) I.P.C. R.I. for 20 years Rs.500/- R.I for 6 months
5/6 POCSO Act R.I. for 20 years Rs.500/- R.I. for 6 months
Appellant No.2 Smt. Mamta Saket
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
376(2)(n) r/w
I.P.C. R.I. for 20 years Rs.500/- R.I for 6 months
5/6 r/w 17 POCSO Act R.I. for 20 years Rs.500/- R.I. for 6 months
It is submitted by Manu V. John, learned counsel for the appellants that it is
a case of consensual love relationship between the victim-prosecutrix and
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appellant No.1 Indrapal Singh. The victim was aware of this fact that appellant
No.1 Indrapal Saket was married to appellant No.2 and despite having knowledge
of this fact, she out of infatuation or love entered into physical relationship with
appellant No.1. It is submitted that admittedly she was in relationship from 2018.
Though date is disputed by the learned counsel for the appellants, but report was
lodged in the year 2021. It is submitted that there is inordinate delay in lodging
the report. It is also submitted that the appellants are innocent. There are good
chances of success in this appeal. Hence, prayer is made to suspend the remaining
jail sentence of the appellants and to release them on bail.
Shri Shiv Kumar Shrivastava, learned Public Prosecutor for the respondent-
State, in his turn, opposes the prayer for suspension of sentence and grant of bail.
He submits that this appears to be a case of religious conversion. It is also
submitted that at the time of the incident the victim was a minor .
Shri Nagendra Prasad Yadav, learned counsel for the respondent No.2
supports the impugned judgment of conviction.
After hearing learned counsel for the parties and going through the record so
also taking facts of the case into consideration and also the law laid down by
Hon'ble Supreme Court in case of Pramod Suryabhan Pawar Vs. State of
Maharashtra and another, (2019) 9 SCC 608 , there appears to be good chances of
success, therefore, without commenting on the merits of the case, we are of the
considered opinion that this is a fit case to suspend the remaining jail sentence of
the appellants and to release them on bail. I.A.No.5384/2025 is accordingly
allowed.
It is directed that on depositing the fine amount, if not already deposited and
on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand
only) each with two solvent sureties each in the like amount to the satisfaction of
3 CRA-2386-2025
the Trial Court for their appearance before the Trial Court on 20.11.2025 and on
such other dates as may be fixed by the Trial Court, which shall not be more than
two times in a year, the execution of remaining part of the jail sentence imposed
upon appellants Indrapal Saket and Smt. Mamta Saket shall remain suspended and
they shall be released on bail till final disposal of this appeal.
I.A.No.5384/2025 is allowed & disposed of.
We have perused the report furnished by Incharge, Principal District and
Sessions Judge, Satna vide memo dated 11.08.2025, whereby report of the learned
Third District Judge, Satna Shri Vikas Bhatele in regard to conduct of Notary
Advocate Shri Rakesh Kumar Shukla has been enquired into, is enclosed.
In the report it is mentioned that the conduct of Shri Rakesh Kumar Shukla
in verifying the affidavit in relation to marriage ceremony is against the
professional conduct and has no evidentiary value. It is mentioned that it will be
appropriate to write a letter to the Principal Secretary, Law and Legislative Affairs
Department to deal with Shri Rakesh Kumar Shukla.
Registrar General is requested to forward copy of the enquiry report along
with covering letter to Principal Secretary, Law and Legislative Affairs
Department, Government of Madhya Pradesh to take appropriate action in
accordance with law against Advocate Shri Rakesh Kumar Shukla, Notary at
Satna.
Let needful be done and report be furnished within three months.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
4 CRA-2386-2025
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