Madhya Pradesh High Court
Shivam Patel vs The State Of Madhya Pradesh on 30 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-6686-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6686 of 2023
(SAWAN RAIDAS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
CRA/7814/2023
Dated : 30-07-2025
In Criminal Appeal No.6686/2023
Shri Siddharth Datt, learned counsel for the appellant Sawan Raidas.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent/State.
In Criminal Appeal No.7814/2023
Shri Indrajeet Singh Yadav, learned counsel for the appellant No.1
Shivam Patel and appellant No.2 Arvind Patel.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent/State.
Heard on I.A. No.27438/2023, which is an application under Section
389(1) of Cr.P.C. for suspension of sentence and grant of bail to the
appellant Sawan Raidas in Cr.A. No.6686/2023 and I.A. No.18319/2024,
which is an application under Section 389(1) of Cr.P.C. for suspension of
sentence and grant of bail to the appellant No.1 Shivam Patel and appellant
No.2 Arvind Patel in Cr.A. No.7814/2023.
Both these appeals are filed being aggrieved of judgment dated
25.04.2023 passed in S.C. No.80/2016 by the learned Special Judge
2 CRA-6686-2023
(POCSO) Act, Jabalpur whereby appellants have been convicted in the
following manners:-
Accused/appellant Sawan Raidas in Cr.A. No.6686/2023.
Conviction Sentence
Imprisonment
Section Act Imprisonment Fine
in lieu of fine
Life R.I for six
376-D I.P.C. Rs.1,000/-
imprisonment months
R.I. for six
343 IPC R.I. for 2 years Rs.1,000/-
months
Accused/appellant No.1 Shivam Patel and appellant No.2 Arvind
Patel in Cr.A. No.7814/2023.
Conviction Sentence
Life R.I for six
376-D I.P.C. Rs.1,000/-
imprisonment months
R.I. for six
343 IPC R.I. for 2 years Rs.1,000/-
months
It is submitted that there are general and omnibus allegations, which
are not corroborated with the medical evidence of PW-5 Dr. Chabi
Shrivastava, who had found no injury on any of the private parts or on any
other part of the body. No TIP was conducted. No identification was made. It
is further submitted that victim admits in her cross-examination that she had
not given any definitive dimensions of the accused persons and she has also
admitted in para 11 of her cross-examination that she had performed
marriage with Narendra Patel and since she was not traceable, her
mother had lodged a report, thereafter she had entered into a compromise
3 CRA-6686-2023
with him, makes the prosecution story doubtful. Therefore, prays for
suspension of sentence and grant of bail to the appellant Sawan Raidas in
Cr.A. No.6686/2023 and appellant No.1 Shivam Patel and appellant No.2
Arvind Patel in Cr.A. No.7814/2023.
Shri Manas Mani Verma, learned Public Prosecutor for the State
opposes the prayer for suspension of sentence and grant of bail to the
appellant Sawan Raidas in Cr.A. No.6686/2023 and appellant No.1 Shivam
Patel and appellant No.2 Arvind Patel in Cr.A. No.7814/2023.
Taking these facts into consideration and without commenting on
merits of the case, this Court is of the opinion that it is a fit case to suspend
the remaining part of the jail sentence of the appellant Sawan Raidas in Cr.A.
No.6686/2023 and appellant No.1 Shivam Patel and appellant No.2 Arvind
Patel in Cr.A. No.7814/2023 and release them on bail.
Accordingly, I.A. No.27438/2023 and I.A. No.18319/2024 are
allowed.
It is directed that on depositing of fine amount, if not already
deposited and on furnishing personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) each with two sureties each in the like
amount to the satisfaction of the Trial Court for their appearance before the
Trial Court on 21.11.2025 and on all subsequent dates as may be fixed by the
concerned Court, the execution of remaining part of the jail sentence of
appellant Sawan Raidas in Cr.A. No.6686/2023 and appellant No.1 Shivam
Patel and appellant No.2 Arvind Patel in Cr.A. No.7814/2023 shall remain
4 CRA-6686-2023
suspended and they be released on bail till final disposal of these appeals.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
MTK
