Madhya Pradesh High Court
Deepak Chouhan vs The State Of Madhya Pradesh on 22 September, 2021
Author: Rajendra Kumar Srivastava
1 CRA-6402-2020
The High Court Of Madhya Pradesh
CRA-6402-2020
(DEEPAK CHOUHAN Vs THE STATE OF MADHYA PRADESH)
8
Jabalpur, Dated : 22-09-2021
Heard through Video Conferencing.
Shri Surendra Patel, Advocate for the appellant.
Shri Dhirendra Singh, Panel Lawyer for the respondent-State.
Learned counsel for the appellant submits that application for urgent
hearing through video conferencing has become infructuous.
Accordingly, application for urgent hearing is dismissed as having been
rendered infructuous.
Record of the court below is available on record.
Appeal is admitted for hearing.
Heard on I.A.No.14124/2020, 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 II A.S.J. (POCSO Act), District Dindori
(MP), in S.T. No.120/2019 vide its judgment dated 10.12.2020 convicting the
appellant/accused under Section 11(i) read with Sec. 12 of POCSO Act and
sentenced him to undergo RI for 3 years with fine of Rs.500/- and Section
3354-D(1)(i) read with Section 354-D(2) of IPC and sentenced him to
undergo RI for 3 years with fine of Rs.500/- with default stipulation on each
count, as mentioned in the impugned judgment.
A s per prosecution case, on 28.8.2019, prosecutrix aged below 16
years was coming to her house with other friends. At that time,
accused/appellant reached on motorcycle, he proposed the prosecutrix to sit
on his motorcycle. When she refused, then accused/appellant abused her
filthy language and threatened her. Thereafter, accused/appellant ran away.
Accused/appellant is chasing her for 8 to 10 days. Accused/appellant used to
tell her that he loves her. Thereafter, case has been registered against the
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SAN
accused/appellant for the aforesaid offence.
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.09.24 16:30:24 IST
2 CRA-6402-2020
Learned counsel for the appellant/accused submits that learned trial
Court did not appreciate the evidence in perspective way. There is material
contradiction and omission in the evidence of prosecution witnesses. Both
the parties are neighbour. Due to some dispute, accused/appellant has been
falsely implicated in this case. Accused/appellant is 22 years young boy and
he is not previously convicted. During trial, both parties have entered into
compromise. No independent witness has supported the case of
prosecution. Learned trial Court already suspended the execution of jail
sentence and granted bail to the accused/appellant. This appeal is of year
2020. Accused/appellant remained in custody since 1.9.2019 to 1.10.2019. It
is the time of COVID-19, Pandemic, so final hearing of this appeal will take
time. There is fair chance to succeed in the appeal. There is no likelihood of
their absconding and tampering with the evidence. Under the circumstances,
if the sentence of the appellant is not suspended, their 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 accused/appellant remained in custody since 1.9.2019
to 1.10.2019, learned trial Court already suspended the execution of jail
sentence of accused/appellant and granted bail to him, both the parties are
neighbour, during trial, both parties have entered into compromise, appellant
is not previously convicted, no independent witness has supported the case
of prosecution, it is the time of COVID-19, Pandemic, so final hearing of this
appeal will take time, this appeal is of year 2020, 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-
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Deepak Chouhan shall remain suspended during the pendency of this
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.09.24 16:30:24 IST
3 CRA-6402-2020
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 22.11.2021 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
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: 2021.09.24 16:30:24 IST
