Karan Balmiki vs The State Of Madhya Pradesh
2021 Latest Caselaw 2484 MP

                                                                    1                              CRA-2366-2021
                                         The High Court Of Madhya Pradesh
                                                    CRA-2366-2021
                                                  (KARAN BALMIKI Vs THE STATE OF MADHYA PRADESH)

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

                                        Shri Vishnu Upadhyay, Advocate for the appellant.
                                        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.5615/2021, a n application for suspension of execution of jail sentence and grant of bail to the appellant, under section 389 (1) of Cr.P.C. for suspension of jail sentence awarded by Special Judge, POSCO Act, District-Jabalpur, M.P. in S.C. No.206/2019 vide its judgment dated 19.03.2021, convicting the appellant/accused under Section 354, 506-II of IPC and sentenced to undergo R.I. for 3 year with fine of Rs.1000/-, R.I. for 1 year with fine of Rs.500/-, under Section 7/8 of POSCO Act and sentenced to undergo R.I. for 3 years with fine of Rs.1000/-, with default

stipulation.

O n dated 07.12.2019, prosecutrix (PW-3) went to her school. When she was returning to her home, appellant-accused met her on the way. Appellant-accused told herd that he love her and he wants to get marry with her. Prosecutrix (PW-3) refused his proposal, then the appellant-accused caught her hand with a bad intention and when she cried, the appellant ran away from the spot.

Learned counsel for the accused/appellant submits that the Trial Court has committed grave error in convicting and sentencing the appellant/accused for the aforesaid offence. The trial Court did not appreciate the evidence in its perspective way. There are material contradictions and omissions in the Signature Not Verified SAN statement of the witnesses. Prosecutrix was pressurized to lodge the FIR Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.17 17:21:24 IST 2 CRA-2366-2021 against the appellant-accused by her parents. Appellant is aged about 21 years. The appellant-accused has no previous criminal antecedents. He is the first offender. The trial Court has already suspended the execution of jail sentence of appellant and granted him bail. This appeal is of year 2021. Trial will take time to conclude the same due to pandemic COVID-19. There is fair chance to succeed in the appeal. There is no likelihood of his 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 appellant 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 appellant-Karan Balmiki 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 31.08.2021 and 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 Signature Not Verified SAN

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.06.17 17:21:24 IST 3 CRA-2366-2021 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

RC

Signature Not Verified SAN

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