Brajesh Verma vs The State Of Madhya Pradesh
2021 Latest Caselaw 2735 MP

                                                                        1                                CRA-1956-2019
                                              The High Court Of Madhya Pradesh
                                                         CRA-1956-2019
                                                       (BRAJESH VERMA Vs THE STATE OF MADHYA PRADESH)

                                       21
                                       Jabalpur, Dated : 26-06-2021
                                             Heard through Video Conferencing.

                                             Shri S.K. Pandey, learned counsel for the appellant.
                                             Shri Prasanjeet Chatterjee, learned P.L. for the respondent.

Verification report has been received.

Heard on I.A. No.13796/2020, which is third application for

suspension of sentence and grant of temporary bail to the appellant- Brajesh Verma The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 30.01.2019 passed by learned Special Judge (POCSO) Act Shahdol, District-Shahdol (MP) in Session Trial No.177/2017 , by which the appellant has been convicted for offence under Section 376(2)(n) of IPC and has been sentenced to undergo R.I. for 10 year with fine of Rs.5000/-

. Default stipulation has also been imposed by the trial Court.

Learned counsel for the appellant submits that appellant is suffering from left eye problem. He has developed meculo corneal opacity at pupil area. Due to which, Doctor of Chitrakoot Eye Hospital called him two times within a month in the hospital for his eye treatment. Therefore, in such circumstances, it is prayed that jail sentence of appellant may be temporarily suspended and he may be released on temporary bail for undergoing treatment of his left eye.

Learned P.L. for the respondent/State opposes the said application. Considering the argument of both the parties and perused the medical papers of the appellant and other document filed along with the application and this fact that this appeal is of the year 2019, it is time of Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.06.26 17:16:42 IST 2 CRA-1956-2019 COVID-19 due to this, final hearing of this appeal will take time, but without expressing any opinion on the merits of the case, this Court is inclined to release the appellant on temporary bail for treatment of appellant's left eye. Consequently, I.A. No.13796/2020 is allowed.

It is directed that on depositing the fine amount, if not already

deposited and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of the amount of Rs.50,000/- each to the satisfaction of the trial Court, the remaining part o f the substantive jail sentence imposed upon the appellant Brajesh Verma shall remain temporarily suspended for a period of one month and he shall be released on bail on temporary basis for a period of 30 days.

The applicant is directed to surrender before the trial Court within 3 0 days from the date of his release and thereafter the trial Court will sent him to jail for serving the remaining part of the jail sentence.

In case, appellant fails to surrender before the trial Court within the prescribed period, the trial Court will be free to adopt coercive action against the appellant for securing his presence.

In 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.

Signature Not Verified SAN 3 . If it is found that the appellant is suffering from 'Corona Virus Digitally signed by LALIT SINGH RANA Date: 2021.06.26 17:16:42 IST 3 CRA-1956-2019 disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

List the matter after two months for admission. C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

L.R.

Signature Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.06.26 17:16:42 IST