Govind Singh vs The State Of M.P
2021 Latest Caselaw 7281 MP

                                                                        1                         CRA-3942-2021
                                                 The High Court Of Madhya Pradesh
                                                          CRA No. 3942 of 2021
                                                             (GOVIND SINGH Vs THE STATE OF M.P)

                                        4
                                        Jabalpur, Dated : 11-11-2021

                                             Shri Anurag Sahu, Advocate for the appellant.
                                             Shri Lokesh Jain, Panel Lawyer for the respondent-State.

Record of the court below is available on record. Appeal is admitted for hearing.

Heard on I.A.No.12241/2021, which is an 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 Special Judge POCSO Act, 2012, Dindori, District Dindori (MP), in S.T. No.137/2019 vide its judgment dated 17.3.2021 convicting the appellant/accused for offence punishable under Section 354(Gha) of the IPC and sentenced him to undergo R I for 3 years with fine of Rs.500/-, under Section 323 (two counts) of the IPC he is sentenced

to undergo RI for 3 years with fine of Rs.500/-& under Section 8 of POCSO Act, he is sentenced to undergo RI for 3 years with fine of Rs.500/- and Section 12 of POCSO Act, he is sentenced to undergo R.I. for 3 years and fine of Rs.500/-, with default stipulation, on each count.

Learned counsel for the accused/appellant submits that learned trial Court committed grave error in convicting and sentencing the accused/appellant. Learned trial Court did not appreciate the evidence in perspective way. There are material contradictions and omissions in the evidence of prosecution witnesses. Learned trial Court already acquitted the accused/appellant under Sections 294 and 506 Part-II of Signature Not Verified

IPC on the same evidence. So, evidence of witnesses is not wholly SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.11 17:24:24 IST 2 CRA-3942-2021

reliable. Apart from this, learned trial Court already suspended the execution of his jail sentence and granted bail to the accused/appellant. He remained in jail during the trial from 15.10.2019 to 21.10.2019. Accused/appellant is on bail till 28.8.2021. Thereafter, vide order dated 22.9.2021, the temporary

bail is extended for a period of two months i.e. from 28.8.2021 to 27.10.2021. Accused/appellant is 19 years of young boy. This appeal is of year 2021, trial will take time to conclude the same. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. 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 Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties and the fact that learned trial Court has already suspended the execution of jail sentence of accused/appellant, this appeal is of year 2021, final hearing of this appeal will take time, but without commenting anything on the merit of the case, the said I.A. is allowed. It is ordered that subject to payment of fine amount, if not

already deposited, the execution of jail sentence of the appellant- Govind Singh 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

Signature Not Verified SAN surety in the amount of Rs. 50,000/- to the satisfaction of the trial

Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.11 17:24:24 IST 3 CRA-3942-2021 Court for his appearance before the trial court on 10.01.2022 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant 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 Vi ru s disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

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

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.11.11 17:24:24 IST