Awadh Kishor Gautam vs The State Of Madhya Pradesh
2021 Latest Caselaw 1747 MP

                                   1                              CRA-6432-2020
        The High Court Of Madhya Pradesh
                   CRA-6432-2020
               (AWADH KISHOR GAUTAM Vs THE STATE OF MADHYA PRADESH)

6
Jabalpur, Dated : 03-05-2021
       Heard through Video Conferencing.
       Shri A.K. Gupta, learned counsel for the appellant.
       Shri Yogendra Das Yadav, learned G.A. for the respondent-State.

Record of the court below is available on record.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A.No.14236/2020, which is first application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of learned Additional Session Beohari to the Court of Additional Judge Beohari, District Shahdol (MP), in S.T. No.100410/2014 vide its judgment dated 18.12.2020, convicting the appellant/accused for offence punishable under Section 365 of IPC and sentenced them to undergo RI for 2 years with fine of Rs.2,000/- with default stipulation.

A s per prosecution case, on 27.08.2014, present appellant abducted the prosecutrix (PW-3) aged 22 years and wrongfully confined.

Learned counsel for the accused/appellant submits that learned trial C o u r t committed grave error in convicting and sentencing the accused/appellant. Proseuctrix (PW-3) did not identify the appellant before the trial Court. There are material contradictions and omissions in the statement of the witnesses but learned trial Court did not consider these facts. He also submits that learned trial Court has already been suspended the jail sentence of the appellant and granted bail till 15.01.2021 thereafter, this Court has also extended the temporary bail to the appellant vide order dated 23.02.2021 till 15.05.2021. He also submits that appellant has falsely been implicated in this case. During the trial accused/appellant remained in jail from 2 CRA-6432-2020 30.08.2014 to 20.09.2014. This appeal is of year 2020 and it will take time to conclude the same due to COVID-19 pandemic. There is fair chance to succeed in the appeal. There is no likelihood of his absconding. Under the circumstances, if the execution of jail sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail of present accused/ appellant.

Learned G.A. for the State has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties and from perusal of record it appears that prosecutrix (PW-3) did not identify the appellant/accused before the trial Court, learned trial Court has already been suspended the jail sentence of the appellant and granted bail till 15.01.2021 thereafter, this Court has also extended the temporary bail to the appellant vide order dated 23.02.2021 till 15.05.2021 and During the trial, appellant remained in jail from 30.08.2014 to 20.09.2014, this appeal is of year 2020 and it will take time to conclude the same but without commenting anything on the merit of the case, the said I.A. No. 14236/2020 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Awadh Kishor Gautam shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on 23.6.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard. In case, the appellant is found absent on any date fixed by the trial court then the said court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List this matter for final hearing in due course as per listing policy. C.C. as per rules.

                                     3                      CRA-6432-2020
                                        (RAJENDRA KUMAR SRIVASTAVA)
                                                    JUDGE
         sp
Digitally signed by SAVITRI PATEL
Date: 2021.05.03 15:35:46 +05'30'