Anil vs The State Of Madhya Pradesh
2021 Latest Caselaw 5889 MP

                                                                       1                                CRA-4777-2018
                                               The High Court Of Madhya Pradesh
                                                          CRA-4777-2018
                                                     (ANIL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    7
                                    Jabalpur, Dated : 23-09-2021
                                          Heard through Video Conferencing.

                                          Shri Pradeep Singh Chouhan, Advocate for the appellant.
                                          Shri Pradeep Sahu, P.L. for the respondent/State.

Record of the trial Court has been received. Heard on the question of admission.

Counsel for the appellant seeks to withdraw I.A. Nos. 10700/2018 and 2481/2021 respectively for condonation of delay and for extension of time.

Accordingly, the aforesaid I.As. stand dismissed as withdrawn. Appeal is admitted for final hearing.

Heard on I.A. No.10768/2018 an application (first) for suspension of execution of sentence awarded to the appellant and grant of bail.

Vide judgment dated 03.04.2018 in SCATR No. 200069/2016 passed

by learned Special Judge (SC/ST) Act, Betul, M.P., the appellant has been convicted for the offence punishable under Section 376 (1) of IPC and has been sentenced to undergo R.I. for 10 years with a fine of Rs.5,000/- with default stipulation in each.

As per prosecution case, on dated 31.05.2016, appellant-accused committed intercourse with prosecutrix.

Learned counsel for the appellant submits that learned Trial Court ha s committed grave error to convict and sentence to the appellant- accused. Learned Trial Court did not appreciate the evidence in perspective way. Prosecutrix PW-4 is 32 years old lady. She is mother of one child. Although learned trial Court held that prosecutrix is not Signature Not Verified SAN completely mentally fit but prosecution did not produce any medical Digitally signed by PALLAVI SINHA Date: 2021.09.24 17:14:34 IST 2 CRA-4777-2018 evidence in this regard. Prosecutrix PW-4 admitted this fact that there was some dispute due to taking water from the handpump. No other incident occurred. Apart from this, prosecutrix might be a consenting party. Appellant-accused is in custody since 07.09.2017. So, he has served almost four years of jail sentence out of 10 years. There are

material contradiction and omission in the evidence of the prosecution witnesses. This appeal is of year 2018. It is the time of COVID-19 due to which final hearing of this appeal will take time. There is every possibility to succeed in this appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the execution of sentence of the appellant is not suspended, his right to file appeal will be futile. Hence, prayer is made for suspension of jail sentence and grant of bail to the present appellant-accused.

On the other hand, learned Panel Lawyer for the respondent-State opposes the submission of appellant's counsel and prays for rejection of application.

Heard and perused the record.

Having considered the arguments advanced by learned counsel for the parties and evidence of the case it appears that prosecutrix PW-4 herself admitted this fact that some dispute arose between both the parties due to taking of water from the handpump, no other incident occurred, appellant has served almost 4 years of jail sentence out of 10 years, this appeal is of year 2018, it is the time of pandemic COVID-19 due to which final hearing of this appeal will take time but without commenting anything on the merits 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-Anil shall remain suspended during the pendency of this appeal and he be released

Signature Not Verified SAN on bail on his furnishing a personal bond for a sum of Rs. 50,000/-

Digitally signed by PALLAVI SINHA Date: 2021.09.24 17:14:34 IST 3 CRA-4777-2018 (Rupees Fifty Thousand Only) with one solvent surety in the same like amount to the satisfaction of the trial court for his appearance before the learned trial court on 29.11.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In 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.

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

Pallavi

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.09.24 17:14:34 IST