Vishal Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 4225 MP

                                                                             1                             CRA-2465-2021
                                                The High Court Of Madhya Pradesh
                                                           CRA-2465-2021
                                                           (VISHAL SAHU Vs THE STATE OF MADHYA PRADESH)

                                        5
                                        Jabalpur, Dated : 12-08-2021
                                              Heard through Video Conferencing.
                                              Shri Shafiqullah, Advocate for the appellant.
                                              Shri Anuj Singh, Panel Lawyer for the respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.5871/2021, which is an application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of 18th Addl. Sessions Judge, Bhopal, District Bhopal (MP), in S.T. No.364/2018 vide its judgment dated 18.3.2021, convicting the appellant/accused under Section 354 of the IPC and sentenced him to undergo RI for 1 year with fine of Rs.1,000/- and Section 354(A)(1)(2) of IPC, he is sentenced to undergo R.I. for 1 year and fine of Rs.1,000/-, with default stipulation on each count, as mentioned in the impugned judgment.

A s per prosecution case, on 10.2.2018, prosecutrix was coming to house, then accused/appellant met her on the way. Accused/appellant told her that he loves her, caught hold her and kissed her. She cried, then her sister reached on the spot. FIR was lodged.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this case. Accused/appellant remained in jail during trial since 16.2.2018 to 22.2.2018 and at present he is in jail since 18.3.2021 till now. Learned trial Court committed grave error in convicting and sentencing the accused/appellant. Learned trial Court did not appreciate the evidence in perspective way. It is alleged by learned trial Court that prosecutrix is above 18 years. Learned trial Court already suspended the Signature Not Verified SAN execution of jail sentence and granted bail to the accused/appellant. This

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:10 IST 2 CRA-2465-2021 Court vide order dated 9.4.2021 has extended the period of temporary bail of the accused/appellant for a period of two months i.e. upto 17.6.2021, which was extended by order dated 7.6.2021 for further period of two months i.e. upto 17.8.2021 and thereafter by order dated 20.7.2021 same was extended for two months i.e. upto 17.10.2021. This appeal is of year 2021. It is the time of COVID-19, Pandemic, due to which hearing of this appeal will take

time to conclude the same. There are material contradictions and omissions in the statement of the witnesses. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the fact that learned trial Court already suspended the jail sentence of accused/appellant and granted bail to him, accused/appellant remained in jail during trial since 16.2.2018 to 22.2.2018 and at present he is in jail since 18.3.2021till now, this appeal is of year 2021, it is the time of COVID-19-Pandemic, due to which final hearing of this appeal will take time, but without commenting anything on the merit of the case, the said I.A. is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Vishal Sahu shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum o f Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 26.10.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n case, the appellant is found absent on any date fixed by the trial Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:10 IST 3 CRA-2465-2021 court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona

Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:10 IST