Madhya Pradesh High Court
Deepu @ Deepchandra Kushwaha vs The State Of Madhya Pradesh on 26 March, 2021
Author: Rajendra Kumar Srivastava
1 CRA-2474-2020
The High Court Of Madhya Pradesh
CRA-2474-2020
(DEEPU @ DEEPCHANDRA KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
5
Jabalpur, Dated : 26-03-2021
Shri Ravi Shankar Patel, learned counsel for the appellant.
Shri Nishant Yadav, learned P.L. for the respondent/State.
Shri Vikas Jyotishi, learned counsel for the respondent No.2.
Record of the Court below is available.
Heard on the question of admission.
Appeal is admitted for final hearing.
Heard on I.A. No.5043/2020, an application for suspension of
sentence and grant of bail to the appellant-Deepu @ Deepchandra
Kushwaha.
The appeal has been preferred under Section 14-A of the SC/ST
(Prevention of Attrocities) Act by the appellant/accused against judgment
dated 03.03.2020 passed by learned Special Judge, (Atrocities) Tikamgarh,
(MP) in Special Case No.36/2018, by which the appellant has been convicted
for offence under Sections 7/8 of POCSO Act and has been sentenced to
undergo R.I. for 3 years with fine of Rs.3,000/- and Section 3(1)(b)(i) of
SC/ST Act and has been sentenced to undergo R.I. for 2 years with fine of
Rs. 2,000/-. Default stipulations have also been imposed by the trial Court.
Prosecution case, in short, is that on 13.02.2020, at about 12:00 pm,
appellant/accused caught the prosecutrix, aged about 16 years and pressed
her breast. She cried then appellant/accused abused filthy language and
threatened her. Thereafter he ran away.
L e a r n e d counsel for the appellant/accused submits that
appellant/accused has been falsely implicated in this case. There is material
contradictions and omissions in the evidence of witnesses. Learned trial
Court already suspended the execution of sentence and grant bail to the
Signature Not appellant till 02.04.2020. Thereafter this Court has granted temporary bail to
SAN
Verified
Digitally signed by
LALIT SINGH RANA
Date: 2021.03.26
17:26:25 IST
2 CRA-2474-2020
the appellant till 20.04.2020. Thereafter due to COVID-19, case can not be
listed then appellant/accused surrounded before the trial Court on
25.02.2021. Therefore appellant/accused is in custody since 25.02.2021 till
now. During trial, accused-appellant remained in custody for some period.
This appeal is of the year 2020. There are fair chances to succeed in the
appeal. 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.
Learned counsel for the respondent No. 2 has no objection. If
execution of sentence of appellant/accused is suspended and he released on
bail.
Considering the argument of both the parties and this fact that
learned trial Court already suspended the execution of sentence and grant bail
to the appellant till 02.04.2020. Thereafter this Court has granted temporary
bail to the appellant till 20.04.2020. Therefore appellant/accused is in custody
since 25.02.2021 till now. During trial, accused-appellant remained in custody
for some period. This appeal is of the year 2020 and 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.5043/2020 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-Deepu @ Deepchandra 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
Signature
SAN Not
Verified
Digitally signed by
LALIT SINGH RANA
Date: 2021.03.26
17:26:25 IST
3 CRA-2474-2020
presence before the trial Court on 16.06.2021 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
L.R.
Signature
SAN Not
Verified
Digitally signed by
LALIT SINGH RANA
Date: 2021.03.26
17:26:25 IST
