Ashok Kori vs The State Of Madhya Pradesh
2021 Latest Caselaw 2312 MP

                                                                        1                             CRA-1915-2021
                                            The High Court Of Madhya Pradesh
                                                       CRA-1915-2021
                                                       (ASHOK KORI Vs THE STATE OF MADHYA PRADESH)

                                    3
                                    Jabalpur, Dated : 14-06-2021
                                          Heard through Video Conferencing.
                                          Shri Rajendra Kumar Raghuwanshi, learned counsel for the appellant.
                                          Shri Prashant Mishra, P.L. 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.4796/2021, 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 learned 23rd Addl. Sessions Judge/ Special Judge, Bhopal, Distt.-Bhopal (MP), in S.T.-512/2019 vide i t s judgment dated 10.03.2021 convicting the appellant/accused under Section 7/8 of POCSO Act, 2012 and has been sentenced to undergo R.I. for 3 years with a fine of Rs. 500/- and under Section 452 of IPC and sentenced him to undergo R.I. for 3 years with fine of Rs.500/-,with default stipulation, as mentioned in the

impugned judgment.

A s per prosecution case, on dated 13.02.2019, appellant-accused entered in the house of prosecutrix PW-1 and caught her hand. Thereafter, he outraged her modesty.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this case. Learned Trial court committed grave error to convict and sentence to the appellant-accused. Learned Trial Court did not appreciate the evidence in perspective way. It is admitted fact that both parties are residing in multi buildings and floor of the the buildings are connected with each other. The incident occurred on the roof so no case is made out under Section 452 of IPC against the appellant- Signature Not Verified SAN accused. Appellant-accused has produced defence witnesses. DW-1 is the

Digitally signed by PALLAVI SINHA Date: 2021.06.15 17:52:31 IST 2 CRA-1915-2021 father of the prosecutrix and DW-2 is neighbour of both the parties. They deposed before the Trial Court that at the time of incident, childrens were crying so appellant-accused objected then some dispute arose there. There are material contradictions and omissions in the evidence of witnesses. Learned Trial Court already suspended the execution of jail sentence of the appellant and granted him bail and it is further extended by this Court till

09.08.2021. This appeal is of the year 2021. It is the time of COVID-19, therefore, final hearing of this appeal will take time. Appellant-accused remained in jail for 17 days during trial. 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 Panel Lawyer for the respondent-State has opposed the application and prayed for its rejection.

Heard arguments advanced by learned counsel for the parties and perused the the record.

It is admitted fact that both parties are residing in the multistorey buildings in the floors and the buildings are connected with each other. The father of prosecutrix DW-1 deposed before the Trial Court that at the time of incident, children were crying so appellant-accused objected. Learned Trial Court already suspended the execution of jail sentence of the appellant and granted him bail. So, considering the aforesaid and the facts that 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, in view of this Court, 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-Ashok Kori 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 Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.06.15 17:52:31 IST 3 CRA-1915-2021 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 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

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.06.15 17:52:31 IST