Madhya Pradesh High Court
Dadua @ Basant Pal vs The State Of Madhya Pradesh on 6 May, 2021
Author: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH, JABALPUR
CRA-1687-2021
(Dadua @ Basant Pal & Ors. Vs. State of M.P.)
Jabalpur, Dated : 06/05/2021
Heard Through Video Conferencing.
Shri Shailendra Singh, learned counsel for the appellant.
Shri Prakash Gupta, learned Panel Lawyer for the
respondent/State.
Since appeal has been filed within time, therefore, IA
No.4092/2021 stands dismissed as infructuous.
Heard on the question of admission.
Appeal seems to be arguable, hence, it is admitted for final
hearing.
Learned counsel for the respondent/State accepts notice on
behalf of the respondent/State.
Record of the trial Court is available.
Also heard on I.A. No.4091/2021, an application under Section
389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved
on behalf of the appellants No.1 to 3- Dadua @ Basant Pal, Rana
Gole @ Anand & Golu @ Ashish Bharti respectively.
This appeal has been preferred against the judgment dated
28/02/2020 passed by Special Sessions Judge, Shahdol, District-
Shahdol (M.P.) in S.S.T. No.51/2013, whereby the appellants No.1 to
3 have been convicted and sentenced as under:-
HIGH COURT OF MADHYA PRADESH, JABALPUR
CRA-1687-2021
(Dadua @ Basant Pal & Ors. Vs. State of M.P.)
Sections Sentence Fine (Rs.) Default
Stipulation
341 of IPC - 500/- 1 Month RI
323/34 of IPC 1 Year RI 500/- 1 Month RI
354/34 of IPC 2 Years RI 1000/- 2 Months RI
Prosecution story found to be proved is that on 10/06/2013,
when the complainant was going to visit the fair of Godawal, the
appellants came there and tried to outrage her modesty by catching her
hold with bad intention. On screaming, the appellants abused her and
ran away from the spot. On the basis of aforesaid, crime has been
registered.
Learned counsel for the appellants submits that appellants No.1
to 3, who are aged about 36, 27 and 32 years respectively, have been
falsely implicated in this case and they are not concerned with the case
directly or indirectly. They have been wrongly convicted by the
learned trial Court. It is also submitted that the trial Court has already
suspended their jail sentence for a limited period. The appellants were
on bail during trial and they did not misuse the liberty granted to them.
The appellants were on bail till 27/04/2020 but due to lockdown
enforced from March, 2020, they could not surrender before the trial
Court. It is further submitted that in view of outbreak of COVID-19,
detention of the appellants in already congested prison may be
detrimental. The appellants are the permanent resident of District-
HIGH COURT OF MADHYA PRADESH, JABALPUR
CRA-1687-2021
(Dadua @ Basant Pal & Ors. Vs. State of M.P.)
Shahdol (M.P.) and there are fair chances of success of this appeal and
the appeal may take long time for its conclusion and the appellants
cannot be kept in custody for an unlimited period. Under these
circumstances, the execution of jail sentence be suspended and the
appellants be released on bail.
On the other hand, learned Panel Lawyer appearing on behalf of
the respondent/State opposes the bail application.
Keeping in view of the aforesaid submissions of learned counsel
for the parties and the fact that an early hearing of this case is not
possible, I.A. No.4091/2021 is allowed.
It is, therefore, directed that if the appellants No.1 to 3- Dadua
@ Basant Pal, Rana Gole @ Anand & Golu @ Ashish Bharti
respectively deposit the entire fine amount, if not already deposited,
and furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) each with one solvent surety each of the like amount
to the satisfaction of trial Court for their appearance before the
Registry of this Court on 13th September, 2021 and on such
subsequent dates as may be fixed in this regard, sentence of
imprisonment awarded to them shall remain suspended till further
orders and they shall be released on bail. The appellants shall also
furnish a written undertaking that they will abide by the terms and
HIGH COURT OF MADHYA PRADESH, JABALPUR
CRA-1687-2021
(Dadua @ Basant Pal & Ors. Vs. State of M.P.)
conditions of various circulars, as well as, orders issued by the Central
Government, State Government and local administration from time to
time such as maintaining social distancing, physical distancing,
hygiene etc. to avoid proliferation of Corona virus.
A copy of this order be sent to the trial Court concerned for
necessary compliance.
Certified copy/e-copy as per rules/directions.
(S.A. Dharmadhikari)
Judge
rahul
RAHUL SINGH PARIHAR
2021.05.07 12:48:40
+05'00'
