Ramkrishna Gaur vs The State Of Madhya Pradesh
2021 Latest Caselaw 4988 MP

                                                                           1                                CRA-1783-2020
                                                 The High Court Of Madhya Pradesh
                                                            CRA-1783-2020
                                                         (RAMKRISHNA GAUR Vs THE STATE OF MADHYA PRADESH)

                                         4
                                         Jabalpur, Dated : 03-09-2021
                                               Heard through Video Conferencing.

                                               Shri H.S. Ruprah, Advocate for the appellant.
                                               Shri Santosh Yadav, Panel Lawyer for the respondent/State.

Record of the trial Court is available.

Heard on the question of admission.

Appeal seems to be arguable; hence, admitted for final hearing. Also heard on I.A.No.3474/2020, which is an application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence and grant of bail.

The appellant/accused has preferred this appeal against the judgment dated 05.02.2020, delivered by the learned Special Judge (POCSO Act, 2012), Hoshangabad, S.C. No.43/2020; whereby, the appellant/accused has been convicted under Section 456 of I.P.C. and sentenced to undergo RI for 1 years with fine of Rs.1000/- and Section 8 of the Prevention of Children

from Secual Offences Act, 2012 and sentenced to undergo RI for 3 year with fine of Rs.2000/-, respectively with default stipulations, as mentioned in the impugned judgment.

A s per prosecution case, on 17.08.2019, at 3am appellant/accused entered into the house of prosecutrix aged about 17 years and outraged her modesty. When she cried then appellant/accused ray away from the house of prosecutrix.

Learned counsel for the appellant/accused submits that the learned trial C o u r t committed grave error in convicting and sentencing the appellant/accused. Learned trial Court did not appreciate the evidence in perspective way. It is not proved that at the time of incident, prosecutrix was Signature Not Verified SAN below 18 years. The evidence of prosecutrix (PW-2) is not wholly reliable.

Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.06 16:03:33 IST 2 CRA-1783-2020 There are material contradictions and omissions in the evidence of prosecution witnesses. It appears from the record that there is previous enmity between both the parties. No injury was found on the body of prosecutrix. No independent witness was examined by the prosecution before the trial Court. Learned trial Court already suspended the execution of sentence and grant bail to the appellant/accused. This appeal is of the year

2020. It is the time of COVID-19 pandemic, due to this, final hearing of this appeal will taken time. There is every possibility to get success in this appeal. In view of the aforesaid, the application filed on behalf of the appellant/accused may be allowed and execution of remaining jail sentence may be suspended and he may be released on bail.

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 the learned trial Court has already suspended the execution of sentence of the appellant/accused and grant him bail. This appeal is of the year 2020. It is the time of COVID-19 pandemic, due to this final hearing of this appeal will take time, but without commenting anything on the merit 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/accused and grant bail to them.

Consequently, I.A. No.3474/2020 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellant-Ramkrishna Gaur 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 26.10.2021; and thereafter, on all other such subsequent dates, as may be fixed by the trial Court in this regard.

Signature Not Verified
  SAN




Digitally signed by ROSHNI SINGH PATEL
Date: 2021.09.06 16:03:33 IST
                                                                               3                              CRA-1783-2020

I n 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.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant/accused 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 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

R

Signature Not Verified SAN

Digitally signed by ROSHNI SINGH PATEL Date: 2021.09.06 16:03:33 IST