Devi Singh vs The State Of M.P.
2021 Latest Caselaw 154 MP

                                                          1                         CRR-2168-2020
                              The High Court Of Madhya Pradesh
                                         CRR-2168-2020
                                                (DEVI SINGH Vs THE STATE OF M.P.)

                      6
                      Jabalpur, Dated : 24-02-2021

                            Shri Sourabh Singh Thakur, Advocate for the applicant.
                            Shri Jitendra Tiwari, Panel Lawyer for the respondent- State.

Record of the trial Court has been received. Heard on the question of admission.

The revision is admitted for final hearing.

Also heard on I.A. No. 12206/2020 an application for suspension of execution of sentence awarded to the applicant and grant of bail.

T he revision has been preferred by the applicant against judgment dated 10.10.2020 passed by learned Addl. Sessions Judge, Bareli, District Raisen, M.P. in Cr.A. No. 25/2016, whereby the learned Appellate Court has dismissed the appeal and affirmed the judgment and conviction order dated 30.4.2015 passed in Criminal Case No.198/2012 passed by learned CJM, Raisen (MP) whereby he has been convicted for the offence punishable under

Section 354 of IPC and has been sentenced to undergo R.I. for 1 year with a fine of Rs. 500/- with default stipulation.

T h e matter in brief is that on 19.12.2012 at about 8:00 PM, accused/applicant outraged the modesty of prosecutrix aged 25 years.

Learned counsel for the applicant submits that the applicant is in jail since 10.10.2020, so he has served almost half jail sentence. There is no independent witness available on record. There is enmity between the complainant party and accused/appellant, so the evidence of prosecutrix and other witnesses is not reliable. This revision is of year 2020 and it will take time for its conclusion. There is fair chance to succeed in the revision. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of Signature SAN Not Verified

Digitally signed by ASHWANI PRAJAPATI Date: 2021.02.24 17:34:56 IST 2 CRR-2168-2020 sentence of the applicant is not suspended, his right to file revision will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail to the present applicant-accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of appellant's counsel and prays for rejection of

application.

Having considered the argument advanced by learned counsel for the parties and the facts that accused/applicant has served almost 4 months 15 days, so he has served substantial jail sentence, this revision is of year 2020, final hearing of this revision will take time but without commenting anything on the merits 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 applicant-Devi Singh shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for a sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the same like amount to the satisfaction of the trial court for his appearance before the learned trial court on 10.5.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the applicant is found absent on any date fixed by the trial 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.

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. Signature SAN Not 2 . The applicant shall not be released if he is suffering from Verified

Digitally signed by ASHWANI PRAJAPATI Date: 2021.02.24 17:34:56 IST 3 CRR-2168-2020 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the applicant 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.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature
 SAN      Not
Verified

Digitally signed by
ASHWANI
PRAJAPATI
Date: 2021.02.24
17:34:56 IST