Hari Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2876 MP

                                                                             1                               CRA-2241-2021
                                                   The High Court Of Madhya Pradesh
                                                              CRA-2241-2021
                                                              (HARI KUMAR Vs THE STATE OF MADHYA PRADESH)

                                         2
                                         Jabalpur, Dated : 01-07-2021
                                                  Heard through Video Conferencing.

                                                  Shri J.L. Soni, Advocate for the appellant.
                                                  Ms. Kamlesh Tamrakar, learned 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.5343/2021, a n application for suspension of execution of jail sentence and grant of bail to the appellant, under section 389 (1) of Cr.P.C. for suspension of jail sentence awarded by Additional Session Judge, Amarwada, District- Chhindwara M.P. i n Special Session Trial No.06/2017 vide its judgment dated 18.03.2021, convicting the appellant/accused under Sections 341 and 354 and sentenced to undergo R.I. for nil with fine of Rs.300/- and S.I. for 3 years with fine of Rs.500/- and Section 7/8 of POSCO Act and sentenced to undergo S.I. for 3 years

with fine of Rs.500/- of the appellant, with default stipulation.

On dated 26.03.2017 the prosecutrix (PW-1) aged about 17 years for returning her home. On the way appellant/accused met her. Appellant/accused restrained/obstructed her and pressed her breast and outrage her modesty.

Learned counsel for the accused/appellant submits that appellant- accused has been falsely implicated in this case. Learned Trial Court has committed grave error in convicting and sentencing the appellant/accused for the aforesaid offence. The trial Court did not appreciate the evidence in its perspective way. it is proved that there was enmity between both the parties. At the time of incident appellant/accused was not present on the spot. Appellant/accused produced Hari kumar Verma, Vinod and Prakash as Signature Not Verified SAN defence witnesses but trial Court did not appreciate the evidence of all the Digitally signed by ROSHNI SINGH PATEL Date: 2021.07.01 17:55:31 IST 2 CRA-2241-2021 defence witnesses. There are material contradictions and omissions in the statement of the witnesses. The trial Court has already suspended the execution of jail sentence of appellant and granted bail. This appeal is of year 2021. Trial will take time to conclude the same due to pandemic COVID-19. There is no likelihood of their absconding and tampering with the evidence. Hence, prayer is made for suspension of jail sentence and grant of bail of

present accused/ appellant.

Learned Panel Lawyer has opposed the application. Having considered the arguments of both the parties and the facts that the execution of jail sentence of appellant has already been suspended by trial Court and granted bail, this appeal is of year 2021, due to COVID-19 final hearing of it 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 appellant-Hari Kumar shall remain suspended during the pendency of this appeal and they 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 amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 08.09.2021 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 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 :-

Signature Not Verified
  SAN




Digitally signed by ROSHNI SINGH PATEL
Date: 2021.07.01 17:55:31 IST
                                                                             3                               CRA-2241-2021

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

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH PATEL Date: 2021.07.01 17:55:31 IST