Sunil Karn vs State Bureau Of Investigation Of ...
2022 Latest Caselaw 13411 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 4211 of 2022
         (SUNIL KARN Vs STATE BUREAU OF INVESTIGATION OF ECONOMIC OFFENCES)

Dated : 12-10-2022
       Shri D.S. Tomar, learned counsel for the appellant.

       Shri P.P.S. Bajeeta, learned Deputy Government Advocate for the
respondent-State.

Heard o n I.A.No. 13089/2022, an application for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant stands convicted under Section 454 IPC and sentenced to

undergo 01 year RI with fine of Rs.3000/-, under Section 354 IPC and sentenced to undergo 05 years' RI with fine of Rs.5000/-, Section 323 IPC and sentenced to undergo 03 years' RI with fine of Rs. 1000/-, Section 7/8 of POCSO Act and sentenced to undergo 05 years' RI with fine of Rs.5000/- and under Section 3(2)(v)(a) of SC & ST Act and sentenced to undergo 03 months RI with fine of Rs.1000/- with default stipulation respectively vide judgment of conviction and order of sentence dated 13/04/2022 passed by Special Judge (POCSO Act), Datia in Special Case No. 02/2019.

Appellant has so far undergone almost 06 months including the period

suffered during trial.

As per prosecution story, appellant is alleged to have tried to outrage the modesty of the prosecutrix and abused her denoting her caste. On the aforesaid allegation, FIR was lodged at Crime No.103/2018 and investigation was started. Upon recording of statements of the prosecutrix and other witnesses and collection of incriminating material, challan was filed. The case was committed to the Sessions Court for trial.

The Sessions Judge upon critical evaluation of the evidence placed on record and statements recorded, convicted and sentenced the appellant as referred above.

Learned counsel for appellant while taking exception to the impugned judgment submits that the Sessions Court has not appreciated the evidence placed on record in correct perspective. The appellant has suffered almost 06 months. The appeal is of the year 2022 and there is no likelihood of early hearing of this appeal in the near future. Under such circumstance, learned counsel prays for suspension of sentence and grant of bail on behalf of appellant.

Per contra, learned counsel for the respondent-State opposed the application supporting the impugned judgment.

Upon hearing learned counsel for the rival parties, without commenting upon the contentions so advanced touching the merits of the case, but regard being had to the fact that appellant has suffered almost 06 months and final hearing of appeal will take time, therefore, jail sentence of appellant deserves to be suspended during pendency of the present appeal.

Accordingly, it is directed that the jail sentence of appellant shall remain suspended during pendency of the present appeal and he shall be released on bail subject to verification of the factum of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court. He is directed to appear before the Registry of this Court first on 12/12/2022 and on other subsequent dates as may be fixed in this behalf with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the

appellant, his medical examination be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, appellant shall be released on bail in terms of the conditions imposed in this order;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Accordingly, I.A.No. 13089/2022 stands allowed. Observations on facts, if any, are only for the purpose of deciding the instant I.A. and shall have no bearing on the merits of the appeal.

(ROHIT ARYA) JUDGE

vc VARSHA CHATURVEDI 2022.10.13 13:26:38 +05'30'