Madhya Pradesh High Court
Ramkaran Bagri vs The State Of Madhya Pradesh on 10 March, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1 CRA-9341-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9341 of 2022
(RAMKARAN BAGRI Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 10-03-2025
Shri Manish Datt - Senior Advocate with Shri Rohit Sharma -
Advocate for the petitioner.
Shri Manas Mani Verma - Govt. Advocate for respondent State.
Shri Amit Bhurrak - Advocate for Objector.
Heard on I.A.No. 27315 of 2024 , which is third application filed on
behalf of appellant for suspension of sentence and grant of bail. Earlier
applications were dismissed as withdrawn by this Court vide order dated
20.4.2023 in I.A No. 19445/2022 and order dated 4.3.2024 in I.A No.
16363/2023.
The appellant has been convicted by the trial Court under Sections
450, 376 (2) (i), 376 (2) (n), 506 Part II of the Indian Penal Code and Section
5(M)/6 of Protection of Children from Sexual Offence Act, 2012 and
sentenced to undergo R.I. for 7, 10, 10, 3 and 10 years respectively with fine
of Rs. 5,000/-, Rs.5000/-, Rs.5000/-, Rs.5,000/- and Rs.5,000/- respectively
with default stipulations.
Learned counsel for the appellant submits that the trial Court has not
properly appreciated the oral and documentary evidence available on record
and committed error while convicting the appellant for the aforesaid
offences. It is contended by the counsel for the appellant that while
dismissing the previous application, the appellant was granted liberty to
2 CRA-9341-2022
revive the prayer after suffering some more reasonable period of
incarceration and after dismissal of the previous application, the appellant
has suffered more than 1 year's incarceration as of now. His total period of
incarceration is 2 years and more than eight months as on date. It is
contended by the counsel that in the present case the F.S.L report is
negative. It is also evident from Exhibit P-8 that no external or internal
injury was found on the person of the victim. The X-ray report suggested
that the age was 14 to 16 years and in such circumstances, considering the
period of incarceration already suffered by the appellant as of now and in
view of the liberty extended by this Court on last occasion, the jail sentence
of the appellant be suspended and he be released on bail.
The counsel for the State has opposed the application and submitted
that the trial Court on due appraisal of evidence available on record has
rightly convicted the appellant for the aforesaid offences, therefore, no case
for suspension of sentence is made out.
Counsel for the Objector contended that paragraph 32 of the impugned
judgment clearly reflects that there was total non-cooperation by the present
appellant, thus the doctor expressed his inability in preparing the semen slide
of the present appellant and this fact is evident from the testimony of P.W.-7
Dr. Shailendra Swarnkar. It is also contended by the counsel that the age of
the prosecutrix, as per paragraph 24 was found to be 10 years and seven
months. Thus, considering the serious allegation and the nature of offence
which has been committed against a minor, the application deserves to be
dismissed.
3 CRA-9341-2022
Heard the submissions and perused the record.
Having considered the submissions, perusal of record reflects that
prima facie there were no external or internal injury were found on the
private part of the victim. It is also evident that the F.S.L report was
negative, the appellant has suffered incarceration of two years and eight
months as of now. There is no possibility of final hearing of the appeal in
near future considering the pendency of old appeal. Thus, considering the
totality of circumstances of the case, this Court deems it proper to suspend
the jail sentence of the appellant and to release him on bail, therefore, the
application is allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one surety in the like amount to the satisfaction of
the trial Court concerned, the custodial sentence of the appellant shall remain
suspended and he shall be released on bail for securing his presence before
the trial Court concerned on 17.9.2025 and on such other dates as may be
fixed by that Court in this regard during pendency of this appeal.
List the matter for final hearing in due course.
Certified copy as per rules.
(MANINDER S. BHATTI)
JUDGE
VKT
