Veeran Yadav vs The State Of M.P
2021 Latest Caselaw 2176 MP

                                                                          1                         CRA-1169-2021
                                            The High Court Of Madhya Pradesh
                                                       CRA-1169-2021
                                                               (VEERAN YADAV Vs THE STATE OF M.P)

                                    5
                                    Jabalpur, Dated : 08-06-2021
                                          Heard through Video Conferencing.

                                          Shri Virendra Kumar Sonkeshariya, Advocate for the appellant.
                                          Shri Yogendra Das Yadav, G.A. for the respondent-State.

Record of the trial Court has been received. Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.2883/2021 an application for suspension of execution of sentence awarded to the appellant and grant of bail.

Vi d e judgment dated 08.02.2021 in Special Case No.SCATR 30/2015 passed by learned Special Judge, Seoni M.P., the appellant has been convicted for the offence punishable under Section 332/34 of IPC (three counts) and sentenced him to undergo R.I. for two years in each count with a fine of Rs. 500/- in each count with default stipulation in

each count.

As per prosecution case, on dated 18.11.2020, appellant-accused voluntarily caused hurt to Public Servant Mahendra Singh Marshkole, K.L. Marshkole and Darshan Yadav, who were discharging their duties at the time of incident.

Learned counsel for the appellant submits that appellant-accused has been falsely implicated in this case. He further submits that learned Trial Court has committed grave error by convicting and sentencing appellant-accused. Learned Trial Court did not appreciate the evidence in perspective way and also did not consider the defence of the appellant-accused in perspective way. Learned Trial Court already acquitted the appellant-accused for the offence punishable under Sections Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.06.09 11:17:41 IST 2 CRA-1169-2021 294 of IPC (4 times), 506 of IPC ( (four times), Section 186 of IPC (four times) and Section 3(1)(10) [two times] of SC/ST Act. Learned Trial Court already suspended the execution of jail sentence of appellant- accused and granted him bail. There are material contradictions and omissions in the statement of the prosecution witnesses. Appellant has

remained in jail during trial from 19.01.2015 to 29.01.2015. He is not previously convicted. This appeal is of year 2021 and trial will take time t o conclude the same. There is fair chance to succeed in the appeal. Ther e is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail to the present appellant-accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of appellant's counsel and prays for rejection of application.

Heard and perused the record.

Having considered the argument advanced by learned counsel for the parties and the facts that the learned Trial Court already suspended the execution of jail sentence of appellant, he remained in jail during trial fr o m 19.01.2015 to 29.01.2015, appellant-accused is not previously convicted, this appeal is of year 2021, final hearing of this appeal will take time but without commenting anything on the merits 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-Veeran Yadav 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. Signature Not Verified SAN 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the Digitally signed by PALLAVI SINHA Date: 2021.06.09 11:17:41 IST 3 CRA-1169-2021 same like amount to the satisfaction of the trial court for his appearance before the learned trial court on 26.08.2021 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.

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.

List this matter for final hearing in due course, as per listing policy. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.06.09 11:17:41 IST