Kamal Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 4227 MP

                                                                          1                              CRA-1917-2021
                                               The High Court Of Madhya Pradesh
                                                          CRA-1917-2021
                                                    (KAMAL PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                       5
                                       Jabalpur, Dated : 12-08-2021
                                             Heard through Video Conferencing.
                                             Shri S.K. Dwivedi, Advocate for the appellants.
                                             Shri Ashish Patel, Panel Lawyer for the respondent-State.

Record of the trial Court is available.

Heard on the question of admission.

Appeal seems to be arguable; hence, admitted for final hearing. Also heard on I.A.No.4585/2021, which is an application filed by the accused/appellants, under section 389 (1) of Cr.P.C. for suspension of their jail sentence and grant of bail.

The appellants/accused have preferred this appeal against the judgment dated 27.02.2021, delivered by the learned Fifth Additional Sessions Judge, Sidhi, in Sessions Trial No.16/2015; whereby, the appellants/accused have been convicted under Section 324/34 of the IPC and sentenced to undergo RI for 2 years with fine of Rs.500/- each and Section 323/34 of the IPC and

sentenced to undergo RI for 6 months with fine of Rs.500/- each, respectively with default stipulations, on each counts, as mentioned in the impugned judgment.

A s per prosecution case, on 06.08.2018 the appellants/accused inflicted injuries by means of Gandasa and stick to complainant Rajmani and Rakesh Patel.

Learned counsel for the appellants/accused submits that the learned trial Court committed grave error in convicting and sentencing the appellants/accused. Learned trial Court did not appreciate the evidence in perspective way. Counter case is registered against the complainant party. Learned trial Court held in paragraph-41 of the judgment that Mukesh Patel Signature Not Verified SAN (PW-6) and Sujeet Patel (PW-7) admitted this fact that a criminal case under

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.08.12 17:59:36 IST 2 CRA-1917-2021 Section 307 of IPC is registered against complainant party. There are material contradictions and omissions in the evidence of prosecution witnesses. Learned trial Court already suspended the execution of sentence and grant bail to the appellants/accused till 27.03.2021 and this Court has extended the period of temporary bail granted to the appellant/accused upto 27.05.2021. It is the time of COVID-19 pandemic, due to this, final hearing of this appeal

will taken time. Therefore, the application filed on behalf of the appellants/accused may be allowed and execution of remaining jail sentence may be suspended and they may be released on bail.

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

Having considered the arguments advanced by learned counsel for the parties and the fact that the learned trial Court has already suspended the execution of sentence of the appellants and grant them bail. This appeal is of the year 2021. It is the time of COVID-19 pandemic, due to this final hearing of this appeal will take time, but without commenting anything on the merit of the case, I am of the considered opinion that it would be appropriate to suspend the execution of jail sentence awarded to the appellants and grant bail to them.

Consequently, I.A. No.4585/2021 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellants-Kamal Patel and Sukhpati Patel shall remain suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their 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.

In case, the appellants are found absent on any date fixed by the trial Court then the said Court shall be free to issue and execute warrant of arrest Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.08.12 17:59:36 IST 3 CRA-1917-2021 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 appellants 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 appellants by the jail doctor before their release.

2 . The appellants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the appellants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them 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

taj.

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.08.12 17:59:36 IST