Komal Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 2149 MP

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                    The High Court of Madhya Pradesh
                             Bench at Gwalior
                              Cra -1970-2019
                   (Komal Singh Vs. State of M.P.& Anr.)


Gwalior, dated :07/06/2021

      Shri D.D. Sharma, Advocate for the appellant.

      Shri R.K. Awasthi, learned Panel Lawyer, for respondent/State.

Learned counsel for the rival parties are heard.

I.A.12175/2020, first application for suspension of sentence moved

on behalf of sole appellant- Komal Singh u/Sec.389(1) Cr.P.C. is taken up

and considered.

This criminal appeal assails the judgment dated 15.11.2018 passed in

Special Sessions Trial No.52/2018 by Special Judge (Atrocities), Bhind

(M.P.), whereby appellant Komal Singh has been convicted as under :-

Sections                  Imprisonment              Fine
363 of IPC                03 Years' R.I.            Rs.1,000/- with default
                                                    stipulation.
366-A of IPC              05 Years' R.I.            Rs.1,000/- with default
                                                    stipulation.
376(1) of IPC             10 Years' R.I.            Rs.1,000/- with default
                                                    stipulation.
376(2)(N) of IPC          14 Years' R.I.            Rs.2,000/- with default
                                                    stipulation.
3(2)(v)       Scheduled L.I.                        Rs.1,000/- with default
Caste and Scheduled                                 stipulation.
Tribes (Prevention of
Atrocities) Act, 1989.
3(2)(va)      Scheduled 03 Years' R.I.              Rs.1,000/- with default
Caste and Scheduled                                 stipulation.
Tribes (Prevention of
Atrocities) Act, 1989.

Learned counsel for the State opposed the appeal and prayed for its

rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out.

Prosecution story found to be proved is that when the prosecutrix

said to be aged about 16 ½ years was sleeping at the roof top of her home

and her mother who was also sleeping on another coat nearby, the appellant

came with country made pistol and threatened the prosecutrix and took her

to Amayan at his sister's place and thereafter Gwalior and Jaipur and during

this period of about a week, it is alleged that prosecutrix was subjected to

rape by appellant.

Learned counsel for appellant submits that during entire prosecution

story right from the stage of the night of the incident till she came back,

there is no evidence that prosecutrix made any protest to anyone or cried

for help despite having ample opportunity to do so. It is thus submitted that

the prosecution is quite improbable. The medical evidence as submitted by

learned counsel for appellant reveals that old ruptured hymen was found

which may not be relateable to the incident. The FSL report is not

incriminating in nature but merely expresses doubt. The appellant has

suffered about 3½ years of incarceration as against life imprisonment

awarded.

In view of above and looking to second wave of Covid-19 pandemic

which has paralyzed even tempo of life and also jails are potential hotpots

for spread of Covid-19 pandemic and that there is no likelihood of early

disposal of the appeal in near future, this Court is inclined to grant bail to

appellant- Komal Singh by way of suspension of sentence.

Accordingly, without expressing any opinion on merits,

I.A.12175/2020 is allowed and it is directed that the jail sentence of

appellant- Komal Singh will remain under suspension subject to

verification that the amount of fine has been deposited, on the appellant's

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with

two solvent sureties of the like amount to the satisfaction of concerned

available Magistrate for his appearance before the concerned available

Magistrate on 17/11/2021 and on such further dates as may be fixed by him

which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned

Magistrate then the said Magistrate shall be free to issue and execute

warrant of arrest for securing his presence without first referring the matter

to this Court, provided the Registry of this Court is kept informed.

The learned concerned Magistrate and the prosecution are directed to

ensure following of Covid-19 precautionary protocol prescribed from time

to time by the Supreme Court, the Central Govt. and as well as the State

Govt during release, travel and residence of the appellant during period of

suspension of sentence as a consequence of this order.

A copy of this order be sent to the Court concerned for information.

C.c. as per rules.

                                         (Sheel Nagu)                          (Anand Pathak)
                                           Judge                                   Judge

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                   Aman Tiwari
                   2021.06.09
                   13:25:20
                   +05'30'
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'