Prahlad @ Bhaiya Choudhary vs The State Of Madhya Pradesh
2021 Latest Caselaw 2478 MP

                                                                       1                              CRA-2240-2021
                                            The High Court Of Madhya Pradesh
                                                       CRA-2240-2021
                                                (PRAHLAD @ BHAIYA CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                                   2
                                   Jabalpur, Dated : 17-06-2021
                                          Heard through Video Conferencing.
                                          Shri U.K.Tripathi, learned counsel for the appellant.
                                          Shri Devendra Shukla, learned PL for the respondent/State.

Record of the Court below is available.

Heard on the question of admission.

Appeal is admitted for final hearing Also heard on I.A. No.5555/2021, an application for suspension of sentence and grant of bail to the appellant-Prahlad @Bhaiya Choudhary.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 08.03.2021 passed by learned Special Judge POCSO/4th Additional Session Judge, Distt.- Satna (MP) in S.T. No. 207/2019, by which the appellant has been convicted for offence under Sections 8 of POCSO Act and has been sentenced to undergo R.I. for 3 years with fine of Rs.1000/ and Section 12 of

POCSO Act and has been sentenced to undergo R.I. for 1 year with find of Rs.500/- and Section 354(d) of IPC has been sentenced to undergo R.I. for 1 year with find of Rs.500/-. Default stipulations have also been imposed by the trial Court.

Prosecution case, in short, is that on 2.12.2019, the prosecutrix (PW-

1) was going to the market on the way appellant/accused met her. Thereafter, appellant/accused pressed her breast and tried to outrage her modesty. On her cried then appellant/accused ran away from there.

Learned counsel for the appellant/accused submits that learned trial Court committed grave error to convict and sentence the appellant/accused. Learned trial Court did not appreciate the evidence in perspective way. Signature Not Verified SAN Prosecution totally failed to prove the age of prosecutrix. It is not proved that

Digitally signed by SMT SARSWATI MEHRA Date: 2021.06.17 17:08:23 IST 2 CRA-2240-2021 at the time of incident, prosecutrix was below 18 years. Actually at the time of incident, some dispute arose between both the parties then prosecutrix (PW-

1) lodged the false report against the appellant/accused. There is material contradictions and omissions in the evidence of witnesses. Independent witness has not supported the case of prosecution. Appellant/accused remained in jail during the trial form some days. Learned trial Court already

suspended the execution of jail sentence of appellant/accused. This appeal is of the year 2021. There are fair chances to succeed in the appeal. It is time of COVID-19 due to this final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned PL for the respondent/State has opposed the application. Considering the argument of both the parties and perused the record, it appears that learned trial Court already suspended the execution of jail sentence of appellant/accused, this appeal is of the year 2021, appellant/accused remained in jail during the trial for some days, it is time of COVID-19 due to this final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, I am o f the considered opinion that it would be appropriate to suspend the execution of jail sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No.5555/2021, is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

[email protected] Choudhary be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 23.08.2021 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, Signature Not Verified SAN

Digitally signed by SMT SARSWATI MEHRA Date: 2021.06.17 17:08:23 IST 3 CRA-2240-2021 during pendency of the matter.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant 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 the matter for final hearing in due course. C.C. as per rules

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

sm

Signature Not Verified SAN

Digitally signed by SMT SARSWATI MEHRA Date: 2021.06.17 17:08:23 IST