Ramlakhan Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 2697 MP

                                                                      1                             CRA-1848-2020
                                            The High Court Of Madhya Pradesh
                                                       CRA-1848-2020
                                              (RAMLAKHAN PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    6
                                    Jabalpur, Dated : 25-06-2021
                                          Heard through Video Conferencing.

                                          Shri Mukesh Pandey, Advocate for the appellant.
                                          Shri Yadvendra Dwivedi, P.L. for the respondent-State.

None appeared on behalf of complainant/respondent No.2 even after service of notice, as informed by learned Panel Lawyer for the

respondent-State.

Heard on I.A. No.3620/2020 an application for suspension of execution of sentence awarded to the appellant and grant of bail.

Vide judgment dated 08.02.2020 passed by learned Special Judge (Prevention of Atrocities) Act in Spl. Case-ATR ( No.)20/2019, the appellant has been convicted for the offence punishable under Section 323 of IPC and sentenced to undergo R.I. for 6 months with a fine of Rs. 1,000/- and under Section 3(2)(5-A) of SC/ST Act with default

stipulation.

As per prosecution case on dated 02.03.2019, at about 6.A.M., the appellant has committed marpeet with complainant (PW-1) by abusing him filthily by denoting his caste and inflicted injury to him and his wife (PW-2) due to which they received injuries on his body.

Learned counsel for the appellant submits that learned Trial Court has committed grave error to convict and sentence the appellant-accused. Learned Trial Court did not appreciate the evidence in perspective way. There is no reliable evidence available on the record on which appellant-accused can be convicted and sentenced under Section 325-A of SC/ST Act. It may be a case under Section 323 of IPC. Appellant-

Signature Not Verified
  SAN                               accused remained in jail during trial for eight days. Appellant-accused is
Digitally signed by PALLAVI SINHA
Date: 2021.06.25 17:18:41 IST
                                                                       2                             CRA-1848-2020

not previously convicted so there is probability to get benefit under Probation of Offenders Act to the appellant. Apart from this, there are material contradictions and omissions in the evidence of the prosecution witnesses. Learned Trial Court has already suspended the execution of jail sentence of appellant and granted him bail. This appeal is of year

2020 and trial will take time to conclude the same. There is every possibility to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining execution of 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 arguments of both the parties, evidence of the case and the facts that learned Trial Court already suspended the execution of jail sentence of the appellant and granted him bail, appellant-accused remained in jail during trial for 8 days, he is an agriculturist and is not previously convicted, this appeal is of year 2020, 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 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.3620/2020 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-Ramlakhan Patel 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 Signature Not Verified SAN trial Court. The appellant shall appear and mark his presence before the trial Digitally signed by PALLAVI SINHA Date: 2021.06.25 17:18:41 IST 3 CRA-1848-2020 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. 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

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.06.25 17:18:41 IST