Madhya Pradesh High Court
Mahendra Rajpoot vs The State Of Madhya Pradesh on 7 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-1514-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1514 of 2023
(MAHENDRA RAJPOOT Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 07-03-2025
Shri Pradeep Naveriya - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the State.
Ms.Arti Sahu - Advocate for the victim.
Considered I.A.No.28260/2024, which is an application u/s 389(1)
Cr.P.C. for grant of temporary bail on behalf of appellant-Mahendra Rajput.
Earlier, I.A.No.14442/2023 has been dismissed on merits vide order
13.10.2023 and I.A.No.7660/2024 has been dismissed as withdrawn on
07.5.2024. However, third application being I.A.No.18368/2024 for
suspension of sentence is still pending.
2. The above application for grant of temporary bail of two months
has been filed on the ground that prosecutrix in this case wants to marry the
appellant/accused.
3. Vide impugned judgment dated 16.1.2023 passed by Special
Judge (POCSO), Chhatarpur in S.C.Case No.107/2021 the appellant has been
convicted for offences under sections 323 & 376(3) of IPC & 3/4 (2) of
POCSO Act and sentenced to undergo R.I. for 03 months, Nil & R.I. for 20
years and fine of Rs.500/-, Nil & Rs.5,000/- respectively, with default
stipulations.
4. Learned counsel for the appellant submitted that prosecutrix and
accused are adult. The prosecutrix wants to marry accused/appellant-
2 CRA-1514-2023
Mahendra. The prosecutrix has no objection if the applicant is released on
temporary bail. It is also submitted that prosecutrix and her parents have no
objection and they have sworn affidavits. In support of his case learned
counsel has placed reliance on the decisions in the cases of Ajay Kumar &
others Vs. State of M.P. , [order dated 30.1.2025 passed in
Cr.A.No.8275/2024], K.Dhandapani Vs. State by Inspector of Police , [order
dated 09.5.2022 passed by Supreme Court in Cr.A.No.796/2022],
Chandrabhan @ Choutu Vs. State of M.P. [order dated 13.9.2022 passed in
Cr.A.No.2590/2022] and Shriram Urav Vs. State of Chhattisgarh [order
dated 30.1.2025 passed in Cr.A.No.41/2021]. Hence, prayer has been made
that appellant be granted temporary bail.
5. Learned Government Advocate has opposed the prayer for grant
of temporary bail. However, learned counsel for the victim has submitted
that she has no objection if the appellant/applicant is granted temporary bail
and that victim wants to marry the applicant.
6. This Division Bench of this Court in the case of Ajay Kumar
(supra) has suspended the sentence of the accused when the prosecutrix and
accused had solemnized marriage. Another Division Bench of this Court in
Chandrabhan @ Choutu (supra) suspended the sentence of accused when
accused and prosecutrix solemnized marriage and out of their wedlock child
was born. The Hon'ble Supreme Court in K.Dhandapani (supra) the
conviction and sentence were set aside in the peculiar facts and
circumstances of the case and directed that decision shall not be treated as
precedent. Also gone through the paragraph 14 of order of Apex Court in
3 CRA-1514-2023
Shriram Urav has quashed the sentence in exercise of powers enshrined
under Article 142 of the Constitution taking note of the fact that
complainant/victim and accused had married.
7. Considered the arguments, perused the records and also taken note
of the affidavits sworn by prosecutrix and her parents, this Court is of the
view that while keeping the aforesaid interlocutory application for grant of
temporary bail pending, victim, her parents and accused/appellant are
directed to remain present before the Registrar (Judicial-II) on 17.3.2025 to
record their statements/evidence to the effect that whether Victim-X and her
parents want to marry victim with the appellant/accused (Mahendra Rajpoot)
voluntarily and submit report including identity and age proof of victim and
her parents.
8. List this case after report of Registrar (Judicial-II) is received.
(SUSHRUT ARVIND DHARMADHIKARI) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
RM
