Dhiraj @ Chhotu Vishwakarma vs The State Of Madhya Pradesh
2021 Latest Caselaw 2187 MP

                                    1                             CRA-1642-2021
        The High Court Of Madhya Pradesh
                   CRA-1642-2021
         (DHIRAJ @ CHHOTU VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 08-06-2021
      Heard through Video Conferencing.
      Shri Manoj Kumar Pandey, learned counsel for the appellant.
      Shri Yogendra Das Yadav, Govt. Advocate for the respondent-State.

None for the Victim-A, though served.

Record of the court below is available on record.

Appeal is admitted for hearing.

Heard on I.A.No.8870/2021, 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 Special Court, Rewa, Distt.-Rewa, (MP), in SPL Session Trial No.45/2019 vide its judgment dated 05.03.2021 convicting the appellant/accused under Section 354-A of IPC and has been sentenced to undergo R.I. for 3 years with a fine of Rs. 800/- and under Section 7/8 of the POCSO Act and sentenced him to undergo RI for 3 years with fine of Rs.500/-,with default stipulation, as mentioned in the impugned judgment.

A s per prosecution case, on dated 16.02.2019, accused/appellant caught hold the hand of prosecutrix, aged about 16 years and tried to outrage her modesty. On her crying, appellant fled away from the spot.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this case. He further submits that learned Trial Court has committed grave error to convict and sentence the appellant-accused. There are material contradictions and omissions in the evidence of witnesses. It is alleged by the prosecution that incident occurred in public place but no independent witness is examined by the prosecution before the Trial Court. Actually, some dispute arose between appellant- accused, prosecutrix and her brother, so appellant-accused has been falsely implicated in this case. There is no material evidence available on the record 2 CRA-1642-2021 on which it can be said that appellant-accused sexually assaulted the prosecutrix. Appellant-accused is not previously convicted. He has no previous criminal record. Learned Trial Court did not appreciate the evidence in proper and perspective way. Appellant-accused is 19 years young boy. Learned Trial Court has already suspended the execution of jail sentence of the appellant and granted him bail and it is further extended by this Court till

05.06.2021. This appeal is of the year 2021. It is the time of COVID-19, therefore, final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and execution of the period of jail sentence may be suspended and he may be released on bail.

Learned Govt. Advocate has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties, and the fact that learned trial court has already suspended the execution of sentence and granted bail to the appellant, this appeal is of year the 2021, it is the time of COVID-19, therefore, final hearing of this appeal will take time, but 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-Dhiraj @ Chhotu Vishwakarma 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 26.08.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n 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.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the 3 CRA-1642-2021 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 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 Digitally signed by PALLAVI SINHA Date: 2021.06.10 17:07:56 +05'30'