Madhya Pradesh High Court
Rajendra Kori vs The State Of Madhya Pradesh on 23 September, 2021
Author: Rajendra Kumar Srivastava
1 CRA-4456-2021
The High Court Of Madhya Pradesh
CRA-4456-2021
(RAJENDRA KORI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 23-09-2021
Heard through Video Conferencing.
Shri Rajmani Singroul, Advocate for the appellant.
Shri Ravindra Rajput, P.L. for the respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Heard on I.A. No.13840/2021 an application (first) for suspension
of execution of sentence awarded to the appellant and grant of bail.
Vide judgment dated20.07.2021 in Special Case No. 32.2019 passed
by learned Special Judge (POCSO Act), Panna, Distt.-Panna, M.P., the
appellant has been convicted for the offence punishable under Section 457 of
IPC and has been sentenced to undergo R.I. for 1 year with a fine of Rs.500/-
, Section 354 of IPC and has been sentenced to undergo R.I. for 1 year with
a fine of Rs. 500/- and Section 7/8 of POCSO Act and sentenced to undergo
R.I. for 3 years with a fine of Rs.1,000/- with default stipulation in each.
As per prosecution case, on dated 22.06.2019, prosecutrix aged
less than 18 years lodged a complaint in the concerned police station by
alleging therein that on the same day at about 9.30 P.M. she went to the
roof of her house to sleep. At about 10.30 P.M. appellant entered in her
house and caught her hand with bad intention. She cried. Then appellant-
accused ran away from the spot.
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
Signature Not Verified
SAN
perspective way. Appellant and prosecutrix are neighbourers and they
Digitally signed by PALLAVI SINHA
Date: 2021.09.24 17:14:32 IST
2 CRA-4456-2021
both have good relation with each other's family. Prosecutrix PW-1 has
also filed a compromise petition under Section 320 of Cr.PC. before the
learned trial Court but due to the age of the prosecutrix, the matter could
not be compromised. Prosecutrix was pressurized by her uncle to give
false statement against the appellant. Appellant is the first offender. He
has no previous criminal antecedent. She herself admitted in her cross-
examination that there is good relation between her family and
appellant's family. She is also known to the appellant. There are material
contradiction and omission in the evidence of the prosecution witnesses.
Apart from this the execution of jail sentence of the appellant has been
suspended by the learned Court below till 26.08.2021 and thereafter, the said
period has been been extended by this Court till 25.10.2021. This appeal is of
year 2021. 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 appellant has no
previous criminal antecedent, his execution of jail sentence has already
been suspended by the learned Court below till 26.08.2021, this appeal
is of year 2021, 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.
Signature Not Verified
SAN
Digitally signed by PALLAVI SINHA
Date: 2021.09.24 17:14:32 IST
3 CRA-4456-2021
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the appellant-Rajendra Kori
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
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 17:14:32 IST
