Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 6 April, 2021
Author: Sheel Nagu
1 CRA-1880-2019
The High Court of Madhya Pradesh
CRA-1880-2019
[Manoj Vs. State of M.P.]
Gwalior dated:06.04.2021
Shri Arun Pateriya, learned counsel for the appellant through video
conferencing.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
Shri Ravindra Singh Rajput, learned counsel for complainant
through video conferencing.
IA.8899/2021 second repeat application u/Sec.389(1) Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of sole
appellant- Manoj is taken up and considered.
This criminal appeal assails the judgment dated 24.12.2018 passed
in S-C.No.24/2017 by Fifth Additional Sessions Judge/Special Judge
(POCSO Act) Gwalior, District Gwalior whereby appellant has been
convicted and sentenced as under with default stipulation :-
Sections Imprisonment Fine
Section 366 IPC 03 Years R.I. Rs.1,000/-with
default stipulation
Section 4 POCSO Act 07 Years R.I. Rs.1,000/-with
default stipulation
Learned counsel for the State opposed the application and prayed
for its rejection by contending that on the basis of the allegations and the
material available on record, no case for suspension of sentence is made
out.
Appellant is alleged with kidnapping, rape and offence under the
POCSO, Act.
2 CRA-1880-2019
Counsel for appellant submit that appellant- Manoj has suffered
about three years of incarceration as against seven years' R.I. awarded.
In view of decision of the Apex Court in the case of Kamal Vs.
State of Haryana reported in 2004 (13) SCC 526 which lays down that
in matters where fixed period of sentence is awarded, convicted person
can be released on bail after undergoing substantial period of sentence.
In view of above and considering the fact that there is no likelihood
of early disposal of the present appeal in the near future due to ongoing
Covid-19 pandemic crises, without entering into the merits of the matter,
this Court is inclined to grant bail to appellant- Manoj by way of
suspension of sentence.
Accordingly, without expressing any opinion on merits,
IA.8899/2021 is allowed and it is directed that the jail sentence of
appellant- Manoj will remain under suspension subject to verification
that the amount of fine has been deposited, on his furnishing bail bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of
the like amount to the satisfaction of concerned Trial Court for his
appearance before the concerned Trial Court on 16.06.2021 and on such
further dates as may be fixed by him which shall be of frequency not less
than once a year.
In case, appellant is found absent on any date fixed by the
concerned Trial Court then the said Trial Court shall be free to issue and
execute warrant of arrest for securing his presence without first referring
the matter to this Court, provided the Registry of this Court is kept
informed.
3 CRA-1880-2019
The learned concerned Trial Court and the prosecution are directed
to ensure following of Covid-19 precautionary protocol prescribed from
time to time by the Supreme Court, the Central Govt. and as well as the
State Govt. during release, travel and residence of the appellant during
period of suspension of sentence as a consequence of this order.
The appellant has gracefully agreed to act as a Shiksha
Swayamsevak by rendering physical and financial assistance to
government primary school situated nearest to residence of appellant for
ensuring hygiene and sanitation and for removing deficiencies of
infrastructural amenities in the said school from the skill/resources of the
appellant. [vihykFkhZ us ,d f'k{kk Lo;alsod ds :i esa vius fuokl ds fudV vofLFkr
ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa
foRrh; lgk;rk iznku djus ,oa vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa
volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djus dh LosPN;k lgefr iznku dh gSAa ]
The appellant after selecting a particular Govt. Primary School
shall inform about the same to the office of Gram Panchayat (in case of
rural area) and/or Ward Officer of the concerned ward (in case of urban
area), within whose territorial jurisdiction the said school is situated.
[ vihykFkhZ us ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa
xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ [email protected];k lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA].
It will be joint responsibility of Sarpanch and Secretary of said
Gram Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area) to preserve the said information
provided by the appellant. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys
4 CRA-1880-2019
esa½ [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr
ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks lajf{kr djsA].
The Registry of this Court shall communicate this order through
Legal Aid Officer, SALSA, Gwalior to the Collector, District Education
Officer, Block Education Officer of the district/block concerned for
information and follow up.
A copy of this order be supplied to the Legal Aid Officer, SALSA,
Gwalior who is directed to communicate this order to the District
Education Officer, Block Education Officer of the district/block
concerned who in turn shall encourage the appellant to indulge in
community service as aforesaid.
A copy of this order be sent to the Court concerned for information.
C.c as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
vpn
VIPIN KUMAR
AGRAHARI
2021.04.07
12:31:11 +05'30'
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
