Veerendra Vishwakarma vs The State Of Madhya Pradesh
2021 Latest Caselaw 8099 MP

                                                                           1                              CRA-1329-2015
                                                 The High Court Of Madhya Pradesh
                                                          CRA No. 1329 of 2015
                                                     (VEERENDRA VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)


                                       Jabalpur, Dated : 02-12-2021
                                             Shri Siddharth Datt, learned counsel for the appellant

                                             Shri Lokesh Jain, learned G.A. for the respondent/State.

Heard on I.A. No.13140/2021, which is fifth application for suspension of sentence and grant of bail to the appellant-Veerendra Vishwakarma. First application was dismissed in want of prosecution,

second application was dismissed as withdrawn and third and fourth applications were dismissed as not pressed but no application dismissed on merits.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 24.04.2015 passed by learned 1st ASJ, Nasrullaganj, District-Sehore (MP) in Special Session Trial No.92/2014, by which the appellant has been convicted for offence under Section 376(2)(I) of IPC and has been sentenced to undergo R.I. for 10 years with fine of Rs. 2000/- and Section 6 of POCSO Act and

has been sentenced to undergo R.I. for 10 years and fine of Rs. 2,000/-. Default stipulations have also been imposed by the trial Court.

Prosecution case, in short, is that on 23.09.2014, appellant/accused committed sexual intercourse with prosecutrix aged about 10 years. Thereafter, prosecutrix disclosed the incident to her parents and lodged the report on 24.09.2021.

L e a r n e d counsel for the appellant/accused submits that appellant/accused has been falsely implicated in this case. Learned trial Court did not appreciate the evidence in perspective way. Prosecutrix has been examined by doctor. No internal and external injury is found on the body of prosecutrix. Appellant/accused also produced his defence but learned trial Court did not appreciate the defence in perspective way. There are material contradictions and omissions in the evidence of witnesses.

Signature Not Verified
  SAN




Digitally signed by LALIT SINGH RANA
Date: 2021.12.03 16:10:42 IST
                                                                          2                              CRA-1329-2015

Appellant/accused is in custody since 24.04.2015 till now. During trial, he remained in jail from 26.09.2014 to 16.01.2015. So, he has served actual 6 years sentence out of 10 years jail sentence. Including remission period, he has served above 8 years sentence. This appeal is of the year 2015. There are fair chances to succeed in the appeal. Final hearing of this appeal will take

time. In support of his contention, learned counsel for the appellant has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh in Special Leave to Appeal (Crl.) No. 4633/2021. It is opined by the Hon'ble Apex Court that "there may be even convicts in custody in cases other than life sentence cases and in those cases again the broad parameter of 50 per cent of the actual sentence undergone can be the basis for grant of bail." Und er the circumstances, if the execution of jail 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 to the present accused/ appellant.

Learned P.L. for the respondent/State has opposed the application. H e a r i n g argument of both the parties and this fact that appellant/accused is in custody since 24.04.2015 till now. During trial, he remained in jail from 26.09.2014 to 16.01.2015. So, he has served actual 6 years sentence out of 10 years jail sentence. Including remission period, he has served above 8 years sentence, this appeal is of the year 2015, final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, I am o f the considered opinion that it would be appropriate to suspend the execution of jail sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No.13140/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Signature Not Verified Appellant-Veerendra Vishwakarma be released from custody SAN

Digitally signed by LALIT SINGH RANA Date: 2021.12.03 16:10:42 IST 3 CRA-1329-2015 subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 23.02.2022 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

List the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.12.03 16:10:42 IST