Madhya Pradesh High Court
Vikki vs The State Of Adhya Pradesh on 1 March, 2021
Author: Rajendra Kumar Srivastava
1 CRA-161-2020
The High Court Of Madhya Pradesh
CRA-161-2020
(VIKKI Vs THE STATE OF ADHYA PRADESH)
4
Jabalpur, Dated : 01-03-2021
Shri Bhupendra Kumar Shukla, learned counsel for the appellant.
Shri Ravindra Singh Rajput, 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.
Heard on I.A. No.3053/2021, second application for suspension of
sentence and grant of bail to the appellant-Vikki.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated 04.12.2019
passed by learned Session Judge, Chhindwarda S.T.No.111/2018, by which
the appellant has been convicted for offence under Sections 392 of IPC and
has been sentenced to undergo R.I. for 3 years with fine of Rs.500/-. Default
stipulations have also been imposed by the trial Court.
T h e prosecution case, in short, is that on 27.03.2018,
appellant/accused committed loot of purse, Rs. 6,000/- and mobile phone
from the complainant/Anjali Sahu.
Learned counsel for the appellant submits that appellant/accused has
not been previously convicted. He has no previous criminal record. During
trial, accused-appellant remained in jail since 31.03.2018 to 02.06.2018 and he
is in jail since 18.02.2021 till now. Evidence of Anjali Sahu (PW-2) is not
wholly reliable because she did not see the appellant/accused at the time of
incident. No looted property was seized from the possession of
appellant/accused. There is material contradictions and omissions in the
evidence of witnesses. He further submits that execution of sentence of
appellant has already been suspended by the trial Court till 27.01.2020,
Signature Not thereafter this Court is extended the temporary bail of appellant/accused for a
SAN
Verified
Digitally signed by
LALIT SINGH RANA
Date: 2021.03.01
17:56:06 IST
2 CRA-161-2020
period of further two months i.e. 27.01.2020 to 26.02.2020. Thereafter,
appellant/accused was arrested. 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.
After hearing rival submissions of learned counsel for the parties, and
considering the evidence and this fact that appellant has served the jail
sentence about three months. He has not been previously convicted. He has
no previous criminal record. 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 o f the considered opinion that it would be appropriate to
suspend the custodial sentence awarded to the appellant and grant bail to him.
Consequently, I.A. No.3053/2021 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-Vikki 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
10.05.2021 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
Signature
SAN Not
Verified
Digitally signed by
LALIT SINGH RANA
Date: 2021.03.01
17:56:06 IST
3 CRA-161-2020
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: 2021.03.01
17:56:06 IST
