Sorabh @ Patta vs The State Of Madhya Pradesh
2021 Latest Caselaw 93 MP

                                 1                                CRA-6091-2020
       The High Court Of Madhya Pradesh
                  CRA-6091-2020
                (SORABH @ PATTA Vs THE STATE OF MADHYA PRADESH)

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Jabalpur, Dated : 23-02-2021

      Shri Virendra Kumar Tyagi, learned counsel for the appellant.
      Shri Ramji Pandey, learned P.L. for the respondent/State.

Record of the Court below is available.

Heard on the question of admission.

Appeal is admitted for final hearing.

Heard on I.A. No.13355/2020, an application for suspension of sentence and grant of bail to the appellant-Sorabh @ Patta.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 16.08.2019 passed by learned II Additional Session Judge, Jabalpur S.T.No.500365/2015, by which the appellant has been convicted for offence under Sections 307/34 of IPC and has been sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- and Section 323/34 of IPC and

has been sentenced to undergo R.I. for 3 months with fine of Rs. 500/-. Default stipulations have also been imposed by the trial Court.

The prosecution case in short is that on 02.02.2015 at about 7-7:15 P.M., the complainant was standing in front of the Mannulal Trust Hospital and at that time, the appellant and other co-accused persons came there. Appellant was driving the motorcycle whereas co-accused Neeraj was the pillion rider. All the four accused persons were abusing the complainant. Co-accused Neeraj fired upon the complainant/Brijkishore, but missed the same. The complainant ran to save his life and he was chased by the appellant and other co-accused persons. The complainant was surrounded by the accused persons and was beaten by fists and slammed the complainant on the earth by the co-

2 CRA-6091-2020 accused persons. Another gun shot was fired by co-accused Neeraj, which did not hit the complainant, but hit one lady. Thereafter, four accused persons ran away from there.

Learned counsel for the appellant submits that during trial, accused-appellant remained in jail since 23.02.2015 to 03.09.2015 and

he is in jail since 18.6.2019 till now. He submits that so far as the question of firing is concerned, the said allegation is against one Neeraj. Even if the entire prosecution story is accepted, then the only allegation against the appellant is that he was driving the motor cycle. There is no allegation against the appellant/accused that he inflicted injury to the complainant. Gunshots were fired by Neeraj, which did not hit the complainant. When the complainant tried to run away to save his life, co-accused persons were chased and thereafter, he was stopped and was beaten by the other co-accused persons by fists. One more gunshot was fired by the co-accused Neeraj which hit one lady. The accused/appellant has been falsely implicated in this case. The allegations of abusing, chasing and thereafter stopping and beating the complainant are false. It is further submitted that no fired bullet was found at the place of incident, which indicates that no firing had taken place. He further submits that the execution of jail sentence of other co- accused persons namely Sanjay @ Sanjay Bhosle and Vikky Anda @ Vikash Raikwar have already been suspended vide order dated 03.05.2019 passed in Cr.A. No. 2166/2017 and Cr.A. No. 2327/2017 respectively by this Court. This appeal is of the year 2020. There are fair chances to succeed in the appeal. Final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned Govt. Advocate for the respondent/State has opposed the 3 CRA-6091-2020 application.

After hearing rival submissions of learned counsel for the parties, considering the fact that during trial, accused-appellant remained in jail since 23.02.2015 to 03.09.2015 and he is in jail since 19.6.2019 till now. Thus, it is clear that he has already completed almost half of the jail sentence. The execution of jail sentence of other co-accused persons namely Sanjay @ Sanjay Bhosle and Vikky Anda @ Vikash Raikwar have already been suspended vide order dated 03.05.2019 passed in Cr.A. No. 2166/2017 and Cr.A. No. 2327/2017 respectively by this Court. This appeal is of the year 2020 and final hearing of this appeal

will take time, but without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No.13355/2020 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.

Appellant-Sorabh @ Patta be released from custody 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 26.04.2021 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant 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 :-

4 CRA-6091-2020

1. The Jail Authority shall ensure the medical examination of the appellant 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 the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2021.02.23 17:36:15 +05'30'