Keshav vs The State Of Madhya Pradesh
2021 Latest Caselaw 2481 MP

                                                                    1                                 CRA-2320-2021
                                         The High Court Of Madhya Pradesh
                                                    CRA-2320-2021
                                                 (KESHAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                 3
                                 Jabalpur, Dated : 17-06-2021
                                       Heard through Video Conferencing.

                                       Shri Sourabh Bhushan Shrivastava, Advocate for the appellants.
                                       Shri Devendra Kumar Shukla, learned 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.5480/2021, a n application for suspension of execution of jail sentence and grant of bail to the appellants, under section 389 (1) of Cr.P.C. for suspension of jail sentence awarded by 2nd Additional Session Judge, Gadarwara, District- Narsinghpur M.P. in Special Session Trial No.23/2018 vide its judgment dated 24.03.2021, convicting the appellants/accused under Sections 456, 149, 354/149, 323, 504 and 506 Part- II of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, R.I. for 3 years with fine of Rs.1000/-, R.I. for 3 years with fine of Rs.1000/-,

R.I. for 6 months with fine of Rs. 500/-, R.I. for 6 months with fine of Rs.500/-, R.I. for 6 months with fine of Rs.500/-, under Section 8 of POSCO Act and sentenced to undergo R.I. for 3 years with fine of Rs.1000/- to each of the appellants, with default stipulation.

On dated 09.07.2018 the prosecutrix (PW-1) was sitting at her house at that time appellants/accused reached there. They abused her and other family members. They entered in the house of prosecutrix (PW-1) and outrage her modesty and also her sister (PW-2).

Learned counsel for the accused/appellants submits that appellants- accused have been falsely implicated in this case. Actually the incident occurred due to some trivial matter. Learned Trial Court has committed grave Signature Not Verified SAN error in convicting and sentencing the appellants/accused for the aforesaid Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.17 17:21:24 IST 2 CRA-2320-2021 offence. The trial Court did not appreciate the evidence in its perspective way. There are material contradictions and omissions in the statement of the witnesses. The appellants-accused are not previously convicted. The trial Court has already suspended the execution of jail sentence of appellants and granted them bail. T his appeal is of year 2021. Trial will take time to conclude the same due to pandemic COVID-19. There is no likelihood of

their absconding and tampering with the evidence. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned Panel Lawyer has opposed the application. Having considered the arguments of both the parties and the facts that the execution of jail sentence of appellants has already been suspended by trial Court and granted bail, this appeal is of year 2021, due to COVID-19 final hearing of it 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 appellants-Keshav, Guljar, Balmukund, Manmohan, Lalta Prasad and Narmada Sahu shall remain suspended during the pendency of this appeal and they be released on bail on their 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/- each to the satisfaction of the trial Court for their appearance before the trial court on 08.09.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In case, the appellants are 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 applicants 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 Signature Not Verified SAN

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.17 17:21:24 IST 3 CRA-2320-2021 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 appellants by the jail doctor before their release.

2 . The appellants shall not be released if they are suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3. If it is found that the appellants are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing them 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

RC

Signature Not Verified SAN

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.17 17:21:24 IST