Ramnaresh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6484 MP

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              THE HIGH COURT OF MADHYA PRADESH

                       CRA-5022-2021
       (Ramnaresh Vs THE STATE OF MADHYA PRADESH)

Gwalior, dt. : 7/10/2021

      Shri Rajendra Singh, father of the appellant, appears in person.

      The lawyers are reported to be abstaining from work..

      IA.27102/20201, first application u/Sec. 389(1) Cr.P.C. for

suspension of sentence, has been filed on merits as well as on

compassionate ground.

      This criminal appeal assails the judgment dated 13.8.2021 passed in

S.T.No.41/2020 by Additional Sessions Judge/ Special Judge (POCSO

Act), Mehgaon, Distt. Bhind whereby appellant- Ramnaresh has been

convicted & sentenced as under:

    Section             Imprisonment               Fine
    5n    read  with Life Imprisonment             Rs. 10,000/- with
    Section 6 of the                               default stipulation
    POCSO Act

      This Court declines to interfere in the matter for suspension of

sentence on merits, but as regards compassionate ground, it is alleged that

appellant is 100% blind.

      This Court had asked for the medical report in that regard.

      The report dated 25.9.2021 of the Medical Officer, Central Jail,

Gwalior, reveals that appellant suffers from "proptosis (protrusion of

eyeball) with nystagmus (rapid involuntary movements of the eye), both
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eyes absolute glaucoma and 100% blindness".

      Considering the aforesaid and the fact that appellant is opined to be

100% blind and blindness is permanent in nature, without expressing any

opinion on merits, IA.27102/2021 is allowed and it is directed that

sentence of appellant- Ramnaresh shall remain suspended temporarily

for a period of 90 days and he be released on temporary bail for a period

of 90 (Ninety) days from the date of release, subject to his furnishing bail

bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of concerned Magistrate

provided that amount of fine has been deposited by appellant-

Ramnaresh.

      This order will remain operative subject to compliance of the

following conditions by the appellant :-

      If   the   appellant   is   found    in   close   vicinity   of    the

victim/complainant/witnesses      where     they     reside,    then     the

complainant/prosecution will be free to seek cancellation of his bail.


             Registry is directed to communicate the copy of this
       order to the Superintendent of Police, Bhind (M.P.) for
       compliance.

             The Station House Officer of the concerned Police
       Station is directed as follows:
                   1.

The Station House Officer shall inform the victim/complainant about the release of appellant on bail and shall also supply a copy of this bail order to the victim/complainant.

2. In case of breach of any of the conditions of this

order, the complainant shall be free to report the matter to the Station House Officer of the concerned Police Station.

3. On receipt of any such complaint from the complainant, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.

4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.

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The learned concerned CJM/Magistrate and the prosecution are

directed to ensure following of Covid-19 precautionary protocol

prescribed from time to time by the Supreme Court, the Central Govt. and

as well as the State Govt during release, travel and residence of

appellant- Ramnaresh during period of suspension of sentence as a

consequence of this order.

It is further directed that appellant- Ramnaresh shall surrender

before the concerned Magistrate in the 2 nd week of January, 2022.

The intimation regarding surrender by appellant- Ramnaresh be

furnished to this Court by the concerned Magistrate.

A copy of this order be sent to the Court concerned for information.

The Registry of this Court is directed to send a copy of this order to

the Magistrate of the concerned district as well as to the concerned

Station House Officer for information and compliance.

List the case in the 3rd week of January, 2022 to verify the factum

of surrender.

C.c as per rules.

               (Sheel Nagu)                           (Deepak Kumar Agarwal)
                  Judge                                     Judge

ms/-

   MADHU
   SOODAN
   PRASAD
   2021.10.07
   12:33:02 +05'00'