Madhya Pradesh High Court
Kamlesh vs The State Of Madhya Pradesh on 7 April, 2021
Author: Anand Pathak
1
The High Court of Madhya Pradesh
Cr.A.No.9374/2019
Kamlesh Vs. State of M.P.
Gwalior dated 7.04.2021
Shri Brij Kishore Kushwah, learned counsel for the appellant.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
Per Justice Pathak J:
IA.No.24168/2020 first application u/Sec. 389(1) of Cr.P.C. for
suspension of sentence and grant of bail moved on behalf of appellant -
Kamlesh is taken up and considered.
This criminal appeal assails the judgment dated 5-09-2019
passed in S.T.No.273/2014 by the Tenth Additional Sessions Judge,
Hastinapur (M.P.) whereby appellant has been convicted and sentenced
as under with default stipulation :-
Sections (IPC) Imprisonment Fine
450 5 years RI Rs.3,000/- with
default stipulation
376(d) 20 years RI Rs.5,000/- with
default stipulation
It is the submission of learned counsel for the appellant that trial
Court erred in convicting the appellant and awarding jail sentence and
ignoring the evidence that in the case in hand, FIR was delayed by 15
days and contradiction exists in respect of contents of FIR and Court
statement of prosecutrix (PW-1). In FIR, she refers the fact of arrival of
her father and grand-mother immediately after the incident, whereas in
Court statement, she refers arrival of her grand-mother after 15 days.
Said dichotomy renders the case doubtful. It is further submitted that
medical evidence belies the allegation. Story indicates an improbable
The High Court of Madhya Pradesh
Cr.A.No.9374/2019
event and prior dispute existed between father of the prosecutrix and
family members of appellant. Fine amount has already been deposited
and appellant already suffered around 1 year and 9 months
incarceration. Therefore, prayed for grant of bail.
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.
Considering the above submissions and that there is no
likelihood of early disposal of the present appeal in near future due to
ongoing COVID-19 pandemic crises and looking to the period of
custody, without entering into the merits of the matter, this Court is
inclined to grant bail to appellant by way of suspension of sentence, but
with certain stringent conditions as per the judgment of the Apex
Court in the case of Aparna Bhat & Ors Vs. State of Madhya
Pradesh & Anr., (Criminal Appeal No. 329/2021 decided on 18th
March, 2021).
Accordingly, without expressing any opinion on merits,
IA.No.24168/2020 is allowed and it is directed that the jail sentence of
appellant will remain under suspension subject to verification that the
amount of fine has been deposited, on appellant's 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
The High Court of Madhya Pradesh
Cr.A.No.9374/2019
appearance before the concerned Trial Court on 27.09.2021 and on
such further dates as may be fixed by it 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.
As per the mandate of Apex Court in the case of Aparna Bhat
& Ors (supra), SHO of Police Station Hastinapur, District Gwalior
or Investigating Officer would intimate the complainant party
about the fact that appellant Kamlesh has been released on
suspension of sentence with stringent conditions and if he is found
causing embarrassment to the victim or her family, then this
benefit of suspension of sentence shall be immediately withdrawn.
A report be submitted by the SHO Police Station, Hastinapur,
District Gwalior or Investigation Officer about the compliance so
made and same shall be placed as PUD before this Court for
perusal.
The 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
The High Court of Madhya Pradesh
Cr.A.No.9374/2019
period of suspension of sentence as a consequence of this order.
The appellant as a Shiksha Swayamsewak shall render physical
and financial assistance to Govt. Primary School situated nearest to his
residence for ensuring hygiene and sanitation and for removing
deficiencies of infrastructural amenities in the said School from the
skill /resources of appellant. (vihykFkhZ ,d f'k{kk Lo;aLksod 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 djsxk rFkk vius dkS'ky o
lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxkA).
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 ,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 es½a [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 djssaA ).
The Registry of this court shall communicate this order through
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Cr.A.No.9374/2019
Legal Aid Officer, SALSA, Gwalior to the Collector, District Education
Officer, Block Education Officer of the district/block concerned for
information and compliance.
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 to verify as to whether appellant has complied
with above-mentioned condition or not and submit report once every
month.
In case report regarding above-mentioned condition is not filed
or report is found to be wanting in any manner, then Registry is
directed to list this matter as PUD before appropriate Bench.
A copy of this order be sent to the Trial Court of the concerned
district for compliance.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
ms/-
MADHU SOODAN
PRASAD
2021.04.09
17:20:41 -07'00'
