"No Likelihood Of Early Hearing Of Appeal": MP HC Suspends Gang-Rape Convict's 25 Yrs Of RI Sentence Considering Over 5 Yrs Of Custody

The Madhya Pradesh High Court last week suspended the sentence awarded to a gang rape convict (to undergo 25 years of RI) in view of the period of custody (five years and eight months) and the fact that there is no likelihood of an early hearing of the appeal.

The bench of Justice Rohit Arya and Justice Rajeev Kumar Shrivastava ordered his release on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- in terms of Section 389 (1) of CrPC [Suspension of sentence pending the appeal; release of appellant on bail.]

The Appellant was convicted by POCSO Court under Sections 366 and 376(D) of IPC and sentenced to undergo RI for five years with a fine of Rs.5,000/- and RI for 25 years with a fine of Rs.10,000/- respectively with default stipulations in January 2018.

The case before the Court

Essentially, the bench was dealing with the fourth application moved by the convict under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail. His first application was dismissed for want of prosecution in Feb 2020, his second application was dismissed on merits (in July 2020) and his third application was dismissed as withdrawn in February 2021.

The defence argued that the Special Court had not appreciated the evidence placed on record from the correct perspective. It was submitted that the prosecutrix, who was more than 16 years of age at the time of the incident, had willingly gone along with the present appellant.

It was also submitted before the Court that both the accused and the victim remained at Navsari, Surat (Gujarat) under the same roof from February 12, 2017, to March 1, 2017, and the prosecutrix herself was not willing to come back to her parental home.

It was further argued that the Appellant was aged about 23 years at the time of the incident and had suffered jail incarceration for a long time (5 years and 8 months) and since there is no likelihood of an early hearing of the appeal in the near future, therefore, he may be enlarged on bail.

On the other hand, the Panel Lawyer appearing on behalf of the State opposed the instant application with the submission that the since its a case of gang rape, considering the gravity of offence, modus operandi of the appellant and as the offence may be affecting the society at large, no case is made out for grant of suspension of sentence and grant of bail.

Upon hearing learned counsel for the parties, though the Court refrained from commenting upon the rival contentions touching the merits of the case, however, considering the period of custody the appellant has suffered i.e. five years and eight months, and the fact that there is no likelihood of early hearing of the appeal, the Court went ahead to grant him bail.

Case title - PANKAJ @ PRAMOD Vs THE STATE OF MADHYA PRADESH [CRA No. 2373 of 2018]

Case Citation: Case citation: 2022 LiveLaw (MP) 249

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