Ashish Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 2702 MP

                                   1                               CRA-2539-2021
         The High Court Of Madhya Pradesh
                    CRA-2539-2021
                (ASHISH KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

3
Jabalpur, Dated : 25-06-2021
       Heard through Video Conferencing.
       Shri A.K. Kurmi, 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.

This appeal is admitted for final hearing.

Heard on I.A. No.6018/2021, an application for suspension of sentence and grant of bail to the appellant-Ashish Kushwaha.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 03.08.2018 passed by learned 1st Additional Sessions Judge, Bina, District-Sagar (MP) in Special Session Trial No.6/2017 , by which the appellant has been convicted for offence under Sections 352 of IPC and has been sentenced to undergo R.I. for 1 month with fine of Rs.500/- and Section 7 read with

Section 8 of POCSO Act and has been sentenced to undergo R.I. for 3 years with fine of Rs. 1000/-. Default stipulations have also been imposed by the trial Court.

Prosecution case, in short, is that on 26.03.2017, appellant/accused caught hold the right hand of prosecutrix (PW-1), thereafter she disclosed about the incident to her family members and lodged the report.

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. Prosecution failed to prove the age of prosecutrix (PW-1) that at the time of incident, prosecutrix was below 18 years. Actually, the family members of prosecutrix has doubted that the prosecutrix and appellant/accused is having 2 CRA-2539-2021 love affair to each other. So, prosecutrix was pressurized to lodge the false report against the appellant/accused. There is material contradictions and omissions in the evidence of witness. Appellant/accused is in jail since 09.03.2021. This appeal is of the year 2021. There are fair chances to succeed in the appeal. It is time of COVID-19 pandemic, 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 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 in jail since 09.03.2021, this appeal is of the year 2021, 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.6018/2021 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-Ashish Kushwaha 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. 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 3 CRA-2539-2021 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 the matter for final hearing in due course.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2021.06.26 12:54:44 +05'30'