Kanhaiya Raikwar Alias Lehari ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 2375 MP

                                                                       1                               CRA-7678-2019
                                              The High Court Of Madhya Pradesh
                                                         CRA-7678-2019
                                      (KANHAIYA RAIKWAR ALIAS LEHARI BABA ALIAS GIRI Vs THE STATE OF MADHYA PRADESH)

                                    13
                                    Jabalpur, Dated : 15-06-2021

                                             Heard through Video Conferencing.
                                             Shri J.L. Soni, Advocate for the appellant.
                                             Shri Ravindra Singh Rajput, 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.12544/2020, 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 District & Sessions Judge, Bhopal, District Bhopal (MP), in S.T. No.710/2014 vide its judgment dated 02.08.2019 convicting the appellant/accused for offence punishable under Section 307 of IPC (two counts) and sentenced him to undergo RI for 7 years (two counts) with a fine of Rs. 5,000/- on each count with

default stipulation.

A s per prosecution case, on dated 27.04.2014, in the evening at about 5 P.M. appellant-accused inflicted injury to the complainant Ranjeet by means of iron suja (lohe ka suja) due to which he received grievous injuries on his body, which are dangerous to his life. Vinod Kumar Meda (PW-1) tried to save him then appellant-accused inflicted injury to him also by means of iron suja, due to which he received injuries on his body, which are dangerous to his life.

Learned counsel for the accused/appellant submits that learned trial Court committed grave error in convicting and sentencing the accused/appellant. Learned Trial Court did not appreciate the evidence in perspective way. It is not proved that injuries of complainant are Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.06.16 16:56:30 IST 2 CRA-7678-2019 dangerous to life. Dr. R.K. Agarwal (PW-4) examined Vinod Meena (PW-1). Dr. Balram Upadhyay (PW-9) examined Ranjeet PW-2 but both the doctors did not opined that the injuries to the complainant party are dangerous to their life. PW-5 Dr. Jayant Yadav is Radiologist. He did not found any deformity in the chest of Ranjeet Singh (PW-2). There are

material contradictions and omissions in the evidence of witnesses. Appellant-accused remained in jail during trial from 28.04.2014 to 11.11.2014 and is in jail since 02.08.2019. So, he has served almost three years of his jail sentence i.e. he has served his substantial jail sentence. He has no previous criminal antecedent. He is a poor person and is bread earner of his family. If he will be kept in custody for unlimited period then future of his family will be spoiled. This appeal is of year 2019. It is the time of COVID-19, so conclusion of this appeal will take long time. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of jail 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 of present accused/ appellant.

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

Heard counsel for both the parties, perused the record and medical evidence and the facts that appellant-accused has served almost three years of his jail sentence, he is not previously convicted, this appeal is of year 2019, final hearing of this appeal will take time due to COVID-19, 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- Signature Not Verified SAN Kanhiya Raikwar @ Lehari Baba @ Giri shall remain suspended Digitally signed by PALLAVI SINHA Date: 2021.06.16 16:56:30 IST 3 CRA-7678-2019 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 26.8.2021 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 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: 2021.06.16 16:56:30 IST