Kuber Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6977 MP

                                                                          1                             CRA-4023-2018
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 4023 of 2018
                                                        (KUBER SINGH Vs THE STATE OF MADHYA PRADESH)

                                       35
                                       Jabalpur, Dated : 28-10-2021

                                             Shri M.K. Chansauriya, learned counsel for the appellant.
                                             Shri Sheshraj Kushwaha, learned P.L. for the respondent/State.

Heard on I.A. No.6991/2020, which is fourth application for suspension of sentence and grant of bail to the appellant-Kuber Singh.

The appeal has been preferred under Section 374 of the

Cr.P.C.,1973 b y the appellant/accused against judgment dated 16.05.2018 passed by learned Additional Sessions Judge, Lavkushnagar, District-Chhatarpur (MP) in Special Case No. 17/2016, by which the appellant has been convicted for offence under Sections 3/4 of POCSO and has been sentenced to undergo R.I. for 7 years with fine of Rs.1000/- .Default stipulations has also been imposed by the trial Court.

Le a r ne d counsel for the appellant/accused submits that appellant/accused is in custody since 17.02.2016 till now. He has served

almost 6 years and 5 months sentence out of 7 years jail sentence. This appeal is of the year 2018. There are material contradictions and omissions in the evidence of witnesses. The case of prosecution is not reliable. There is no probability for hearing of this appeal in near future. If the appellant is not released on bail, purpose of filing this application will be futile. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended and he may be released on bail. In support of his contention, learned counsel for the appellant has relied upon the judgment passed by the Hon'ble Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh in Special Leave to Appeal (Crl.) No. 4633/2021.

Learned P.L. for the respondent/State has opposed the application.

Signature Not Verified
  SAN




Digitally signed by LALIT SINGH RANA
Date: 2021.10.29 17:44:07 IST
                                                                             2                        CRA-4023-2018

Considering the argument of both the parties and this fact that appellant/accused has served almost 6 years and 5 months sentence out of 7 years jail sentence, this appeal is of the year 2018, there is no probability for hearing of this appeal in near future, but without expressing any opinion on the merits of the case, I am of the considered

opinion that it would be appropriate to suspend the execution of jail sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No.6991/2020 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-Kuber Singh 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 10.01.2022 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.

In 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 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 Signature Not Verified SAN disease', necessary steps will be taken by the concerned authority by Digitally signed by LALIT SINGH RANA Date: 2021.10.29 17:44:07 IST 3 CRA-4023-2018 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 Not Verified SAN

Digitally signed by LALIT SINGH RANA Date: 2021.10.29 17:44:07 IST