Mohd. Majeed @ Pappu vs The State Of Madhya Pradesh
2021 Latest Caselaw 3697 MP

                                                                           1                                CRA-5344-2020
                                               The High Court Of Madhya Pradesh
                                                          CRA-5344-2020
                                               (MOHD. MAJEED @ PAPPU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                       7
                                       Jabalpur, Dated : 29-07-2021
                                             Heard through Video Conferencing.
                                             Shri Narendra NIkhare, learned counsel for the appellant.
                                             Shri Sudhakarmani Patel, learned P.L. for the respondent/State.

Record of the Court below is available.

Heard on the question of admission.

This appeal is admitted for final hearing.

Heard on I.A. No.11531/2020, an application for suspension of sentence and grant of bail to the appellant-Mohd. Majeed @ Pappu.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 29.09.2020 passed by learned Additional Sessions Judge, Beohari, District-Shahdol ( M P ) in Session Trial No. 40/2018, by which the appellant has been convicted for offence under Section 354 of IPC and has been sentenced to undergo R.I. for 3 years with fine of Rs. 5,000/- and Section 7/8 of POCSO

Act and has been sentenced to undergo R.I. for 3 years with fine of Rs. 5,000/-. Default stipulation has also been imposed by the trial Court.

Prosecution case, in short, is that on 07.05.2018, appellant/accused touched the breast of prosecutrix, aged about 17 years, with ill intention. Thereafter, she disclosed about all the incident to her relatives.

L e a r n e d counsel for the appellant/accused submits that appellant/accused has falsely been implicated in this case due to previous enmity. There are material contradictions and omissions in the evidence of witnesses. No independent witnesses are support the case of prosecution. The evidence of PW-1 is not wholly reliable. Apart from this, learned trial Court has already suspended the execution of sentence of appellant and grant Signature Not Verified SAN bail. This appeal is of the year 2020. There are fair chances to succeed in the

Digitally signed by LALIT SINGH RANA Date: 2021.07.29 17:35:18 IST 2 CRA-5344-2020 appeal. 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 the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned P.L. for the respondent/State has opposed the application. Considering the argument of both the parties and this fact that learned

trial Court has already suspended the execution of sentence of appellant, this appeal is of the year 2020, it is time of COVID-19 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.11531/2020 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-Mohd. Majeed @ Pappu 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 trial Court. The appellant shall appear and mark his presence before the trial Court on 27.09.2021 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.

I n 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 Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.07.29 17:35:18 IST 3 CRA-5344-2020 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 the matter for final hearing in due course. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.07.29 17:35:18 IST