Atul Kushwaha @ Monu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3055 MP

                                                                       1                            CRA-1105-2021
                                               The High Court Of Madhya Pradesh
                                                          CRA-1105-2021
                                                 (ATUL KUSHWAHA @ MONU Vs THE STATE OF MADHYA PRADESH)

                                    5
                                    Jabalpur, Dated : 07-07-2021
                                          Heard through Video Conferencing.
                                          Shri Ramsuphal Verma, Advocate for the appellant.
                                          Shri Prashant Mishra, 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.2710/2021 an application for suspension of execution of sentence awarded to the appellant and grant of bail.

Vide judgment dated 06.02.2021, in Special Case No. 159/2019 passed by learned 4th Addl. Sessions Judge, Satna, M.P., the appellant has been convicted for the offence punishable under Sections 8 of POCSO Act and sentenced to undergo R.I. for 3 years with a fine of Rs. 2,000/-, under Section 12 of POCSO Act and sentenced to undergo R.I. for 1 year with a fine of Rs.500/-, under Section 323 of IPC with a fine of Rs. 500/- and under

Section 354(d) of IPC and sentenced to undergo R.I. for 1 year with a fine of Rs.500/- with default stipulation in each.

As per prosecution case, on 14.09.2019 prosecutrix lodged a written report in the concerned Police Station stating therein that present appellant used to molest her since last two years by saying that he like her when she used to go school and tuition. On his proposal for love, she always denied. Then appellant abused her. On dated 09.09.2019, when she was returning from her tuition at that time, appellant came with his Maestro Scooter and dashed her due to which her left knee got injured. Appellant threatened her with dire consequences also. Then, she disclosed all the incident to her parents.

Signature Not Verified SAN Learned counsel for the appellant submits that learned Trial Court has

Digitally signed by PALLAVI SINHA Date: 2021.07.07 18:12:19 IST 2 CRA-1105-2021 committed grave error to convict and sentence to the appellant-accused. Learned Trial Court did not appreciate the evidence in perspective way. It is admitted fact that prosecutrix (PW-2) and appellant-accused were studying in the same school. Actually, appellant-accused dashed the prosecutrix (PW-2) by scooter due to this some dispute arose between them but appellant- accused did not commit any offence under Section 354(D) of IPC and

Section 8 of POCSO Act. Appellant is aged 19 years old young boy. He is not previously convicted. There are material contradiction and omission in the statement of the prosecution witnesses. 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 every possibility to succeed in this appeal. There is no likelihood of his absconding and tampering with the evidence. The execution of jail sentence of the appellant is already suspended by the learned Trial Court and has been granted bail and the same has been extended by this Court also. 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.

O n 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, he is not previously convicted, he is 19 years old young boy, this appeal is of year 2021, 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-Atul Kushwaha @ Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.07.07 18:12:19 IST 3 CRA-1105-2021 Monu 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 20.09.2021 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.

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: 2021.07.07 18:12:19 IST