Sunil Sirale vs The State Of Madhya Pradesh
2021 Latest Caselaw 2175 MP

                                                                   1                               CRA-5788-2019
                                         The High Court Of Madhya Pradesh
                                                    CRA-5788-2019
                                                   (SUNIL SIRALE Vs THE STATE OF MADHYA PRADESH)

                                  15
                                  Jabalpur, Dated : 08-06-2021
                                        Heard through Video Conferencing.

                                        Shri Lalji Kushwaha, learned counsel for the appellant.
                                        Shri Kuwar Singh Patel, learned Panel Lawyer for the
                                  respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.908/2021, which is an application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of learned Additional Sessions Judge/Special Judge, SC/ST (Prevention of Atrocities) Act, Harda (MP), in S.T. No.20/2016 vide its judgment dated 06/07/2019 convicting the appellant/accused under Sections 393 read 398, 506- B of the IPC and also under Section 25(1B) (A), 27 of the Arms Act

and sentenced him to undergo RI for 7 years with fine of Rs.500/-, RI for one year, RI for three years with fine of Rs.500/-, RI for two years with fine of Rs.500/-, with default stipulation respectively.

A s per prosecution case, on 27/10/2015 at 8.30 P.M. appellant/accused and co-accused tried to commit loot to Madan Mohan Agrawal (PW-2) and appellant/accused used country made pistol in furtherance to commit offence. The appellant/accused also threatened to kill him.

Learned counsel for the accused/appellant submits that learned trial Court committed grave error to convict and sentence the Signature Not Verified SAN appellant/accused. Learned trial Court did not appreciate the evidence Digitally signed by TULSA SINGH Date: 2021.06.08 17:52:08 IST 2 CRA-5788-2019 in proper perspective. Complainant-Madan Mohan Agrawal (PW-

2)and other witnesses deposed before the trial Court that the appellant/ accused caught red handed on the same day i.e. 27/10/2015, but, Investigating Officer Shilpa Verma (PW-10) deposed before the trial Court that she arrested the appellant/accused

on dated 29/10/2015 vide arrest memo Ex.P/6, so it appears that appellant/accused has been falsely implicated in this case. There is material contradictions and omissions in the evidence of the witnesses. The appellant/accused is in custody since 11/9/2018. He remained in jail during trial from 1/11/2015 to 10/12/2015, 13/4/2019 to 6/7/2019, so he has served almost half period of sentence. It is the time of Covid-19 pandemic due to which hearing of this appeal will take time for its final disposal. The appellant/accused has no previous criminal antecedents and he has not previously convicted. Complainant-Madan Mohan Agrawal (PW-2) did not receive any injury during incidence. Under these circumstances, if the execution of jail sentence of the appellant is not suspended, their right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Considering the arguments advanced by learned counsel for the parties and the fact that complainant Madan Mohan Agrawal (PW-2) and other witnesses deposed before the trial Court that appellant/accused caught red handed on the spot on 27/10/2015,

Signature Not Verified Investigating Officer deposed before the trial Court that SAN

Digitally signed by TULSA SINGH Date: 2021.06.08 17:52:08 IST 3 CRA-5788-2019 appellant/accused arrested on 29/10/2015, the appellant/accused has served almost half period of sentence, it is the time of Covid-19 pandemic due to which hearing of the appeal will take time for its final disposal, without commenting anything on the merit 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-Sunil Sirale 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 amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 26th August, 2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant 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 applicant 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 Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.06.08 17:52:08 IST 4 CRA-5788-2019 carried out.

3 . If it is found that the appellant is suffering from 'Corona Vi ru s 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

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.06.08 17:52:08 IST