Madhya Pradesh High Court

Govind vs The State Of Madhya Pradesh on 25 April, 2024

Author:
Rohit Arya

Bench:
Rohit Arya
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4730 of 2024
(GOVIND Vs THE STATE OF MADHYA PRADESH)

Dated : 25-04-2024
Shri D.S. Rajawat - Advocate for the appellant.

Shri Rajesh Shukla - Additional Advocate General for respondent/State.

Heard on IA No.7450 of 2024, first application under
Section 389(1)

Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant- Govind.

Present appellant stood convicted under
Section 376(1)
IPC read with

Section 3(2)(va)
of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act and under Section 506 Part II read with
Section 3(2)(va)
of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and
sentenced to undergo imprisonment for life with a fine of Rs.5,000/- and two
years' RI with a fine of Rs.2,000/- with default stipulations vide judgment of
conviction and order of sentence dated 05.03.2024 passed by Special Judge
[
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
],
District Guna (M.P.) in SC ATR No.01/2019.

Appellant -Govind so far has suffered incarceration of 06 months, as
transpired during the course of hearing.

A s per prosecution story, victim, at Police Station Cantt, got written
Dehati Nalisi Ex.P-1 to the effect that on 12.09.2017 at about 04.40 pm when
she had gone to her field to fetch maize, at that time accused/appellant Govind
Meena of Veerpur came from behind and held her in arms. When she tried to
escape, accused pushed her on the ground and pointing katta (country made
pistol) to her threatened for dire consequences if she screamed. Whereafter, the

Signature Not Verified

Signed by: PAWAN

DHARKAR

Signing time: 4/25/2024

7:17:35 PM
accused committed rape upon the prosecutrix and fled away therefrom after
giving threat in case she reported the matter. On the basis of such Dehati Nalisi,
FIR was reduced in writing at Police Station Madhusudangarh at Crime
No.48/2017 under
Sections 376
,
IPC and under
Sections 3(2)(va)
and
3(1)
(w)(ii)
of SC/ST Act and the investigation was set in motion. Upon completion
of investigation including recording of statements, collection of evidence and
necessary formalities, challan was filed. The Special Court on appreciation of
evidence placed on record convicted and sentenced the present appellant as
referred above.

Learned counsel for the appellant while taking exception to the impugned

judgment of conviction and order of sentence submits that the present appellant
has falsely been implicated. The judgment of conviction and order of sentence
is based on surmises and conjectures. There are contradictions and omissions
in the statements of prosecution witnesses. Learned counsel submits that
medical evidence does not support the story of prosecution as no definite
opinion could be given by the doctor. He further submits that DNA report is
negative. It is further submitted that the appeal being of 2024 is not likely to be
decided in the near future. On these grounds, learned counsel submits that the
present appellant may be extended the benefit of suspension of sentence and
grant of bail.

Per contra, learned Additional Advocate General, appearing on behalf of
the respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.

Signature Not Verified

Upon hearing learned counsel for the parties, though this Court refrains

Signed by: PAWAN

DHARKAR

Signing time: 4/25/2024

7:17:35 PM
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that appeal which is of the year 2024 is not
likely to be decided in the near future, in the obtaining facts and circumstances
of the case, we are of the view that present appellant is entitled to the benefit of
suspension of sentence and grant of bail.

Accordingly, IA No.7450 of 2024 stands allowed and it is directed that
the jail sentence of appellant Govind shall remain suspended during pendency
of the present appeal and he shall be released on bail subject to verification of
the factum of depositing the fine amount and on his furnishing a personal bond
in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety
in the like amount to the satisfaction of the Trial Court.

Appellant- Govind is directed to appear before the Registry of this Court
first on 07.08.2024 and on other subsequent dates as may be fixed in this
behalf.

Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.

Certified copy as per rules.

(ROHIT ARYA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE

pd

Signature Not Verified

Signed by: PAWAN

DHARKAR

Signing time: 4/25/2024

7:17:35 PM