Madhya Pradesh High Court
Brajesh Markam vs The State Of Madhya Pradesh on 23 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-2838-2020
The High Court Of Madhya Pradesh
CRA-2838-2020
(BRAJESH MARKAM Vs THE STATE OF MADHYA PRADESH AND OTHERS)
5
Jabalpur, Dated : 23-07-2021
Heard through Video Conferencing.
Shri Vinay Kumar Sharma, Advocate for the appellant.
Shri Prashant Mishra, P.L. for the respondent-State.
Record of the Court below is available.
Heard on the question of admission and perused the record.
Appeal is admitted for final hearing.
Heard on I.A. No.11485/2021, which is third application for
suspension of sentence and grant of bail to the appellant. Earlier two
applications were dismissed as withdrawn.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated 24.02.2020
passed by learned Special Judge (POCSO Act), Jabalpur District-Jabalpur
(MP), in Special Case No. 92/2019 by which the appellant has been convicted
fo r the offence punishable under Sections 323 of IPC and sentenced to
undergo S.I. for 1 year, Section 363 of IPC and sentenced to undergo R.I.
for 3 years with a fine of Rs. 2,000/-, Section 366 of IPC and sentenced to
undergo R.I. for 3 years with a fine of Rs. 2,000/-, Section 354 of IPC and
sentenced to undergo R.I. for 3 years with a fine of Rs. 2,000/- and Section
7/8 of POCSO Act and sentenced to undergo R.I. for 4 years with a fine of
Rs. 5,000/- with default stipulation in each.
The prosecution case in short that prosecutrix lodged an FIR in the
concerned Police Station alleging therein that on dated 03.07.2019, present
appellant forcefully taken the prosecutrix for moving and after refusal of
prosecutrix, appellant caught hold her and near about the home in front of
road across the tree appellant fell down the prosecutrix upon sand and tried
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SAN
to outrage her modesty and also beat her by means of lathi. After that, by
Digitally signed by PALLAVI SINHA
Date: 2021.07.24 12:41:43 IST
2 CRA-2838-2020
searching, the prosecutrix, her family members reached at the spot and
appellant fled away from the spot.
Learned counsel for the appellant submits that accused-appellant is in
jail since 04.07.2019. He further submits that appellant learned Trial Court has
committed grave error to convict and sentence the appellant. Prosecutrix
(PW-3) deposed before the Trial Court that she has given her statement in the
Court by saying of her mother. Apart from this, appellant has served almost
half of his awarded jail sentence. There are many contradictions, omissions
and improvements in the version of the prosecution witnesses. This appeal is
of year 2020. It is the time of COVID-19 due to which final conclusion will
take time. There are fair chances to succeed in the case. 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 Panel lawyer for the respondent/State has opposed the
application.
After hearing rival submissions of learned counsel for the parties,
looking to the circumstances of the case and the facts that prosecutrix (PW-
3 ) deposed before the Trial Court that she has given her statement in the
Court by saying of her mother, appellant is in jail since 04.07.2019, so he has
served almost half of his awarded jail sentence, this appeal is of year 2020 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. 11485/2021 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-Brajesh Markam 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
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Digitally signed by PALLAVI SINHA
Date: 2021.07.24 12:41:43 IST
3 CRA-2838-2020
trial Court. The appellant shall appear and mark his presence before the trial
Court on 04.10.2021 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.
List the appeal for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
Pallavi
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.07.24 12:41:43 IST
