Kamlesh Soni vs The State Of Madhya Pradesh
2021 Latest Caselaw 5516 MP

                                                                            1                             CRA-1463-2020
                                                The High Court Of Madhya Pradesh
                                                           CRA-1463-2020
                                                    (KAMLESH SONI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                        9
                                        Jabalpur, Dated : 16-09-2021
                                              Heard through Video Conferencing.
                                              Shri Pradeep Naveria, Advocate for the appellant.
                                              Shri Santosh Yadav, Panel Lawyer for the respondent-State.

None for respondent No.2, though notice has been served. Record of the court below is available on record.

Appeal is already admitted for hearing on 16.3.2020. Heard on I.A.No.2764/2020, 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 Special Judge (Atrocities), Tikamgarh (MP), in Special Case No.24/2018 vide its judgment dated 25.1.2020, convicting the appellant/accused under Sections 354 of IPC and Section 7/8 of POCSO Act, he is sentenced him to undergo RI for 3 years on each count with fine of Rs.1,000/- each, with default stipulation on each count and Section 452 of IPC, he is sentenced to undergo R.I. for 1 year and fine of

Rs.500/- with default stipulation, as mentioned in the impugned judgment.

As per prosecution case, on 22.6.2017 at about 1:00 P.M., prosecutrix aged about 16 years, belongs to Scheduled Caste, was alone in her house. At that time, accused/appellant entered in the house of prosecutrix. Accused/appellant outraged her modesty and caught hold of her hands. When she cried, then neighbour reached there. Thereafter, accused/appellant ran away from the spot.

L e a r n e d counsel for the appellant/accused submits that accused/appellant has been falsely implicated in this case. Learned trial Court committed grave error in convicting and sentencing the accused/appellant. Learned trial Court did not appreciate the evidence in perspective way. Signature Not Verified SAN Learned trial Court has already suspended the execution of jail sentence of

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.16 17:29:13 IST 2 CRA-1463-2020 accused/appellant till 20.3.2020, which has been extended by this Court upto 17.9.2021. This appeal is of year 2020. It is the time of COVID-19, Pandemic, due to which hearing of this appeal will take time to conclude the same. There are material contradictions and omissions in the statement of the witnesses. 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 sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of execution of his 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, on perusal of the record and the fact that learned trial Court has already suspended the execution of jail sentence of appellant till 20.3.2020, which has been extended by this Court upto 17.9.2021, this appeal is of year 2019, it is the time of COVID-19-Pandemic, due to which 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-Kamlesh Soni shall remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum o f Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 28.10.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

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 Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.16 17:29:13 IST 3 CRA-1463-2020 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 applicant 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

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.09.16 17:29:13 IST