Madhya Pradesh High Court
Akash Rathore vs The State Of Madhya Pradesh on 1 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-2328-2021
The High Court Of Madhya Pradesh
CRA-2328-2021
(AKASH RATHORE Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 01-07-2021
Heard through Video Conferencing.
Shri Satyam Agrawal, Advocate for the appellant.
Ku. Kamlesh Tamrakar, P.L. for the respondent-State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Heard on I.A. No.5514/2021 an application for suspension of
execution of sentence awarded to the appellant and grant of bail.
Vide judgment dated 16.03.2021 in S.C.17/2020 passed by learned
1st A.S.J. Sehore, Distt.-Sehore, M.P., the appellant has been convicted
for the offence punishable under Sections 7/8 of POCSO Act R/w
Section 354 of IPC and sentenced him to undergo R.I. for 3 years with a
fine of Rs. 1,000/- and under Section 451 of IPC and sentenced him to
undergo R.I. for 1 year with a fine of Rs. 500/- with default stipulation.
As per prosecution case, on dated 02.02.2020, in the night at about
2.30 A.M., prosecutrix (PW-1) aged 16 years 7 months was sleeping in her
house with other family members. At that time, appellant-accused entered in
the house of prosecutrix and caught her hand. On that she cried. Other family
members wake up and caught the appellant-accused. They called police by
dialing 100. Then, appellant-accused threatened the prosecutrix and ran away
from the spot.
Learned counsel for the appellant submits that learned Trial Court
ha s committed grave error to convict and sentence to the appellant-
accused. Learned Trial Court did not appreciate the evidence in
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perspective way. It is not proved by the prosecution that at the time of
Digitally signed by PALLAVI SINHA
Date: 2021.07.01 17:52:13 IST
2 CRA-2328-2021
incident, prosecutrix was below 18 years. At the time of incident, she
was beaten by her family members and pressurized to lodge false report
against the appellant-accused. Appellant-accused is a labourer. Both are
neighbours. There are material contradiction and omission in the
evidence of prosecution witnesses. Learned Trial Court already
suspended the execution of sentence of the appellant and granted him
bail. Thereafter, the same has been extended by this Court also. There is
every possibility to succeed in this appeal. This appeal is of year 2021.
It is the time of COVID-19 due to which final hearing of this appeal will
take time. There is no likelihood of his absconding and tampering with
the evidence. Under the circumstances, if the execution of 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 appellant-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.
Heard and perused the record.
Having considered the arguments advanced by learned counsel for
the parties and looking to the fact that learned Trial Court has already
suspended the execution of jail sentence of the appellant and granted him
bail, this appeal is of year 2021, it is the time of COVID-19 due to which
final hearing of this appeal will take time. due to which final hearing of
this appeal 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-Akash
Rathore shall remain suspended during the pendency of this appeal and
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he be released on bail on his furnishing a personal bond for a sum of Rs.
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Date: 2021.07.01 17:52:13 IST
3 CRA-2328-2021
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 13.09.2021 and thereafter on all other
such subsequent dates, as may be fixed by the trial court in this regard.
In 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.
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
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
Pallavi
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Digitally signed by PALLAVI SINHA
Date: 2021.07.01 17:52:13 IST
