Madhya Pradesh High Court
Santosh @ Addu vs The State Of Madhya Pradesh on 2 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-9095-2019
The High Court Of Madhya Pradesh
CRA-9095-2019
(SANTOSH @ ADDU Vs THE STATE OF MADHYA PRADESH AND OTHERS)
10
Jabalpur, Dated : 02-07-2021
Heard through Video Conferencing.
Shri Mukesh Pandey, Advocate for the appellant.
Shri Yadvendra Dwivedi, P.L. for the respondent-State.
Notice to Victim-A has been served, as informed by Panel Lawyer.
None appeared for the Victim-A.
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.19496/2019 an application for suspension of
execution of sentence awarded to the appellant and grant of bail.
V i d e judgment dated 25.09.2019, in Special Case No.
200065/2015 passed by learned Special Judge, ST/ST (Prevention of
Atrocities) Act, the appellant has been convicted for the offence
punishable under Section 341 of IPC and sentenced to undergo R.I. for 15
days, under Section 354 of IPC and sentenced to undergo R.I. for 1 year
and under Section 3(1)(11) of SC/ST Act and sentenced to undergo R.I.
for 1 year with default stipulation in each.
As per prosecution case, on dated 23.04.2015, appellant-accused
restrained the victim aged about 22 years and belongs to Scheduled
Tribe. Thereafter, appellant-accused outraged her modesty.
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
perspective way. There is enmity between both the parties. There are
material contradiction and omission in the statement of the prosecution
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.02 17:26:12 IST
2 CRA-9095-2019
witnesses. Independent witnesses did not support the case of prosecution.
Learned Trial Court already suspended the execution of jail sentence of the
appellant and granted him bail. Thereafter, the said period has been extended
by this Court also. Appellant-accsued is not previously convicted. This
appeal is of year 2019. It is the time of COVID-19 due to which final hearing
of this appeal will take time. There is every possibility to succeed in this
appeal. 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 facts that learned Trial Court has already
suspended the execution of the jail sentence of the appellant and granted
him bail, this appeal is of year 2019, it is the time of pandemic COVID-
19 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-Santosh shall
remain suspended during the pendency of this appeal 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 06.09.2021 and thereafter on all other such
Signature Not Verified
subsequent dates, as may be fixed by the trial court in this regard.
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.02 17:26:12 IST
3 CRA-9095-2019
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
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.02 17:26:12 IST
