Prakash Kumar Saket vs The State Of Madhya Pradesh
2021 Latest Caselaw 2483 MP

                                                                     1                              CRA-2771-2021
                                            The High Court Of Madhya Pradesh
                                                       CRA-2771-2021
                                            (PRAKASH KUMAR SAKET AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                  2
                                  Jabalpur, Dated : 17-06-2021
                                        Heard through Video Conferencing.
                                        Shri Vinay Singh, learned counsel for the appellant.
                                        Shri Ravindra Rajpoot, learned P.L. 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.6454/2021, an application for suspension of sentence and grant of bail to the appellants.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 by the appellants against judgment dated 27/3/2021 by learned Special Judge POCSO Act, Singrauli (MP) in Special Case No.300072/2015, by which the appellant No.1 has been convicted for offence under Sections 8 of POCSO Act, Section 325 of IPC, Section 452 of IPC and has been sentenced to undergo R.I. for 3 years with fine of Rs.2500/. RI

for one year along with fine of Rs.1,000/-, RI three months, R.I. for one year along with fine of Rs.500/- with default stipulations respectively. Appellant No.2 has been convicted for the offence under Sections 325, 323, 452 of IPC and has been sentenced to undergo RI for one year along with fine of Rs.1,000/-, RI for three months, RI for one year along with fine of Rs.500/- with default stipulation respectively. Appellant No.3 has been convicted under Sections 325, 323, 452 of IPC and has been sentenced to undergo RI for one year along with fine of Rs.1,000/-, RI for three months, RI for one year along with fine of Rs.500/- with default stipulation respectively.

Prosecution case, in short, is that on 217.09.2015 at 8.00 p.m. appellant- Prakash Kumar Saket tried to outrage the modesty of prosecutrix Signature Not Verified SAN (PW-2) and when prosecutrix cried, her mother- Smt. Manti Saket (PW-5)

Digitally signed by TULSA SINGH Date: 2021.06.17 17:26:11 IST 2 CRA-2771-2021 and brother- Sureel Saket (PW-6) reached there and appellants/accused inflicted injuries by sticks to them.

Manti Saket (PW-5) received grievous injuries. Appellant/accused also entered in the house of prosecutrix and abused filthy language and also threatened to kill them.

Lear ned counsel for the appellant/accused submits that the

appellants/accused have been falsely implicated in this Court. Learned trial Court committed grave error in convicting and sentencing the appellants/accused. Learned trial Court did not appreciate the evidence in prospective way. There is material contradictions and omissions in the evidence of the prosecution witnesses. Learned trail Court has already suspended the sentence of the appellants/accused and granted them bail. This appeal is of the year 2021. There is every possibility 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 Panel Lawyer for the respondent/State has opposed the application.

Considering the argument of both the parties and this fact that learned trial Court has already suspended the execution of jail sentence of appellant/accused, this appeal is of the year 2021, appellant/accused remained in jail during trial for some time, the appellants/accused are not previously convicted, 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.6454/2021, 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.

Signature Not Verified
  SAN




Digitally signed by TULSA SINGH
Date: 2021.06.17 17:26:11 IST
                                                                        3                           CRA-2771-2021

Appellants-Prakash Kumar Saket, Mukesh Kumar Saket, Siyaram Saket be released from custody subject to their furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety each in the like amount, to the satisfaction of the trial Court. The appellants 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, 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

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2021.06.17 17:26:11 IST