Madhya Pradesh High Court
Ankit Patel vs The State Of Madhya Pradesh on 23 September, 2021
Author: Rajendra Kumar Srivastava
1 CRA-3759-2021
The High Court Of Madhya Pradesh
CRA-3759-2021
(ANKIT PATEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
5
Jabalpur, Dated : 23-09-2021
Heard through Video Conferencing.
Smt. Nalini Gurung, Advocate for the appellants.
Shri Dinesh Patel, Panel Lawyer for respondent-State.
Record of the trial Court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No. 11591/2021 an application for suspension of
execution of sentence awarded to the appellant No. 1 Ankit Patel and grant
of bail.
The appeal has been preferred under Section 374(2) of the Cr.P.C.,
1973 b y the appellant/accused against judgment dated 15.06.2021 in
Special Sessions Trial No.148/2020 passed by learned Additional
Sessions Judge, Patan, Distt.-Jabalpur (M.P.), whereby the appellant has
been convicted for the offence punishable under Section 354 D of IPC
and sentenced to undergo R.I. for 2 years with a fine of Rs. 2000/-,
Section 7 & 8 of POCSO Act and sentenced to undergo R.I. for 4 years
with a fine of Rs. 2000/- and Section 323 read with 34 of IPC and
sentenced to undergo R.I. for 3 months with a fine of Rs.1000/- with
default stipulation respectively.
As per prosecution case, on 27.08.2019 appellant-accused No. 1
caught hold the hand of the prosecutrix and pushed her, due to this she
fell down on the earth. Appellant-accused also chased her when she was
going to school. Thereafter prosecutrix make a complaint to her uncle,
then her uncle inquired the matter. He caught appellant no.1 Ankit Patel
on 10.09.2019, then appellant-accused called other accused, all the
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accused beaten the Pradeep Patel by kicks, fists and stick. Appellants-
accused also abused filthy language to Pradeep Patel.
Learned counsel for the appellant submits that learned trial Court
committed grave error to convict and sentence to the appellant/accused.
Learned trial Court did not appreciate the evidence in perspective way.
There is old enmity between both the parties, so the appellant has falsely
been implicated in this case. There are material contradictions and
omissions in the evidence of the prosecution witnesses. Actually
complainant party assaulted to the appellant No. 1. Uncle of the victim
caught the accused appellant No. 1 and beaten him but his report did not
lodge at Police Station due to some pressure. Appellant-accused has no
previous criminal antecedent. Execution of jail sentence of appellants
No. 2 and 3 Akshay Patel and Ravi Kumar Chadar have already been
suspended by trial court. This appeal is of the year
2021. Appellant/accused No. 1 is in custody since 15.06.2021. During
the trial, he remained in the custody for some time. It is the time of
COVID-19 pandemic, due to which final hearing of this appeal will take
time. There is every possibility to succeed in this appeal. Under these
circumstances, if the execution of jail 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 its rejection.
Hearing arguments advanced by learned counsel for the parties and
this fact that the execution of jail sentence of appellants No. 2 and 3
Akshay Patel and Ravi Kumar Chadar have already been suspended by
trial court, appellant/accused is in custody since 15.06.2021, this appeal
is of the year 2021, it is the time of pandemic COVID-19, due to which
3 CRA-3759-2021
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 No. 1-Ankit
Patel shall remain suspended during the pendency of this appeal and he
b e 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 10.11.2021 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.
4 CRA-3759-2021
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
MISHRA
ARVIND KUMAR MISHRA
2021.09.24 13:03:08 +05'30'
