Rohit Kushwaha vs The State Of Madhya Pradesh
2021 Latest Caselaw 6245 MP

                                                                        1                             CRA-5216-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-5216-2021
                                                    (ROHIT KUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                                    2
                                    Jabalpur, Dated : 30-09-2021
                                          Heard through Video Conferencing.

                                          Shri Ashish Sinha, Advocate for appellant.
                                          Shri Dinesh Patel, P.L. for respondent-State.

Heard on I.A. No. 15908/2021 first application for suspension of execution of sentence awarded to the appellant and grant of bail.

The appeal has been preferred under Section 374(2) of the Cr.P.C., 1973 by the appellant/accused against judgment dated 27.08.2021 in S.T. No. 11/2021 passed by learned Additional Session Judge, Bairasiya, Distt.-Bhopal (M.P.), whereby t h e appellant stands convicted under Section 7/8 of POCSO Act and sentenced to undergo rigorous imprisonment for 3 years and fine in the sum of Rs. 500/-Section 354 of the I.P.C. and sentenced to undergo rigorous imprisonment for 1 year and fine in the sum of Rs. 500/-, Section 354(Gha) (1) of the I.P.C. and

sentenced to undergo rigorous imprisonment for 1 years and fine in the sum of Rs. 500/-, Section 509 of the I.P.C and sentenced to undergo rigorous imprisonment for 1 year and fine in the sum of Rs.500/- with default stipulation respectively.

As per the prosecution case, on 09.12.2020, prosecutrix aged 17 years lodged the FIR against the present appellant. It is alleged by her that 20 days prior in the morning when she was taking bath in the open roof bathroom of her house, the present appellant came there and started seeing her, she objected, then appellant-accused caught her hand and also threatened to her.

Learned counsel for the appellant submits that learned trial Court committed grave error to convict and sentence to the appellant/accused.

Signature Not Verified
  SAN




Digitally signed by PALLAVI SINHA
Date: 2021.09.30 17:56:08 IST
                                                                      2                              CRA-5216-2021

Learned trial Court did not appreciate the evidence in prospective way. Actually appellant-accused and prosecutrix like each other but parents objected, therefore, prosecutrix was pressurized to lodged false report. There are material contradictions and omissions in the evidence of the prosecuti on witnesses. Appellant/accused is in custody since

10.12.2020, so he has served almost 9 months 20 days of jail sentence out of 3 years. This appeal is of the year 2021. 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 Appellant/accused is in custody since 10.12.2020, so he has served almost 9 months 20 days of jail sentence out of 3 years, this appeal is of the year 2021, 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 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- Rohit Kushwaha 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 20.12.2021 and thereafter Signature Not Verified SAN on all other such subsequent dates, as may be fixed by the trial Court in Digitally signed by PALLAVI SINHA Date: 2021.09.30 17:56:08 IST 3 CRA-5216-2021 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 MISHRA

Signature Not Verified SAN

Digitally signed by PALLAVI SINHA Date: 2021.09.30 17:56:08 IST