Vippu Pathak @ Vipin Pathak vs The State Of Madhya Pradesh
2021 Latest Caselaw 3577 MP

                                  1                               CRA-1750-2021
       The High Court Of Madhya Pradesh
                  CRA-1750-2021
     (VIPPU PATHAK @ VIPIN PATHAK Vs THE STATE OF MADHYA PRADESH AND OTHERS)

5
Jabalpur, Dated : 23-07-2021
      Heard through Video Conferencing.

      Shri Sanjay Patel, Advocate for the appellant.
      Shri Prashant Mishra, P.L. for respondent/ State.

Ms. Deepa Chouhan, Advocate for the complainant. Heard on admission, appeal is admitted for final hearing.

Also heard on I.A. No. 4239/2021, which is first application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 05.03.2021 passed by learned Special Judge, (POCSO) Tikamgarh ( MP) in Special Case No. 43/2018, by which the appellant has been convicted for offence under Section 7/8 of POCSO Act and sentenced to undergo R.I. for 3 years with fine of Rs. 3000/- and Section 3(1)(B) of

SC/ST Act and sentenced to undergo R.I. for 3 years with fine of Rs.2000/-, with default stipulations respectively.

Prosecution case, in short, is that on 11.03.2018 appellant-accused outraged the modesty of the prosecutrix PW/2 who belongs to SC community and also pressed the neck and breast of the prosecutrix PW/1, she cried then appellant-accused ran away.

Learned counsel for the appellant/accused submits that appellant- accused has been falsely implicated in this case. He further submits that learned trial Court committed grave error in convicting and sentencing t h e appellant/accused. Learned trial Court did not appreciate the evidence in perspective way. It appears from the record that there is old enmity between both the parties due to this appellant-accused has falsely 2 CRA-1750-2021 implicated in this case. It is not proved that at the time of incident, prosecutrix was below 18 y e a r s . There are so many material contradictions and omissions in the evidence of prosecutrix PW/2 so she is not wholly reliable witness. There is also so many contradictions and omissions in the evidence of prosecution witnesses. appellant accused

also produced defence witness, but learned trial court did not appreciate the evidence of defence witness Rajesh Pathak DW/1 in perspective way. Learned trial court has already suspended the execution of jail sentence till 03.04.2021, thereafter this court extended the temporary bail period till 03.06.2021 and again extended the period of temporary bail till 02.08.2021. There are fair chances to succeed in the appeal. This appeal is of the year 2021. It is time of COVID-19 pandemic, due to this, final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and execution of remaining jail sentence may be suspended and he may be released on bail.

Learned PL for the respondent/State and learned counsel for the objector havev opposed the application.

Considering the argument of both the parties and this fact that learned trial court has already suspended the execution of jail sentence till 03.04.2021, thereafter this court extended the temporary bail period till 03.06.2021 and again extended the period of temporary bail till 02.08.2021, this appeal is of the year 2021, it is time of COVID-19 pandemic, due to this, final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, I am o f the considered opinion that it would be appropriate to suspend the execution of jail sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No. 4239/2021 is allowed subject to deposit of fine amount, if not already deposited. The execution of custodial sentence 3 CRA-1750-2021 awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant-Vippu Pathak @ Vipin Pathak be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), w ith one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 27.10.2021 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the

appellant 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 :-

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.

Learned counsel for the State is directed to inform the Victim about this order and also supply a copy of this order to her.

List the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE MISHRA ARVIND KUMAR MISHRA 2021.07.23 14:32:56 +05'30'