Ramlal @ Gonda Bhumiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2669 MP

                                                                            1                             CRA-1318-2021
                                                The High Court Of Madhya Pradesh
                                                           CRA-1318-2021
                                                      (RAMLAL @ GONDA BHUMIYA Vs THE STATE OF MADHYA PRADESH)

                                       4
                                       Jabalpur, Dated : 24-06-2021
                                              Heard through Video Conferencing.
                                              Shri Premendra Singh, learned counsel for the appellant.
                                              Shri Lokesh Jain, 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.3237/2021, an application for suspension of sentence and grant of bail to the appellant-Ramlal @ Gonda Bhumiya The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 10.02.2021 passed by learned Special Judge, POCSO Act, Katni (MP) in Special Case No.86/2018, by which the appellant has been convicted for offence under Sections 12 of POCSO Act and has been sentenced to undergo R.I. for 1 years with fine of Rs.1000/-. Default stipulation has also been imposed by the

trial Court.

Prosecution case, in short, is that on10.11.2018, prosecutrix, aged about 14 years, was sitting in the courtyard of her house. At that time, present appellant/accused reached there. Present appellant caught her hand and proposed to come with him. She refused. Due to which, appellant/accused caught her hand and dragged her.

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. There is material contradictions and omissions in the evidence of witnesses. Evidence of PW-1 is not wholly reliable. Other independent witness PW-4 Signature Not Verified SAN did not support the case of prosecution. Appellant is aged about 19 years.

Digitally signed by LALIT SINGH RANA Date: 2021.06.24 16:57:49 IST 2 CRA-1318-2021 He has no previous criminal antecedent. He is not previously convicted. During trial, he is remained in jail 1 month and 5 days. Learned trial Court has already suspended the execution of jail sentence of appellant. This appeal is of the year 2021. There are fair chances to succeed in the appeal. It is time of COVID-19, due to which, 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 Govt. Advocate for the respondent/State has opposed the application.

Considering the argument of both the parties and this fact that appellant/accused is not previously convicted, he is aged about 19 years, learned trial Court has already suspended the execution of jail sentence of appellant, this appeal is of the year 2021, It is time of COVID-19, due to which, final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, I am of 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.3237/2021 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.

Appellant-Ramlal @ Gonda Bhumiya 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 06.09.2021 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.

Signature Not Verified
  SAN




Digitally signed by LALIT SINGH RANA
Date: 2021.06.24 16:57:49 IST
                                                                             3                           CRA-1318-2021

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

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.06.24 16:57:49 IST