Kalla @ Ajab Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13507 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                            CRA No. 9146 of 2022
           (KALLA @ AJAB SINGH Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 13-10-2022
      Shri S.B. Lodhi, learned counsel for the appellant.

      Shri Nitin Goyal, learned Panel Lawyer, for the respondent-State.

Let the record of the Court below be requisitioned. Heard o n I.A.No. 15827/2022, an application for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant stands convicted under Section 354 IPC and sentenced to

undergo one year's RI with fine of Rs.1000/- and Section 8 of POCSO Act and sentenced to undergo three years' RI with fine of Rs.4000/- with default stipulation vide judgment of conviction and order of sentence dated 19/09/2022 passed by Special Judge (POCSO Act) Shivpuri in Special Sessions Trial No.08/2022.

It is submitted by learned counsel for the appellant that learned Court below has suspended the jail sentence of appellant for one month and the appellant is on bail up to 18.10.2022.

As per prosecution story, on 28.06.2021, prosecutrix lodged an FIR at

Crime No.204/2021 to the effect that on the said date at about 8.30 pm when she was at home with her mother, the appellant/accused came and started hurling filthy abuses. On protest, appellant tried to outrage modesty of the complainant. On screaming, the grandparents of the victim came there, thereafter the appellant fled away giving threat to the victim and her family members of dire consequences in case she reports the matter to the police. Accordingly, the case was registered. 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 Special Court for trial.

The Special 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 trial Court has not appreciated the evidence placed on record in correct perspective. There is no independent witness in the case and the material witnesses have turned hostile. It is further submitted that during trial

the appellant was on bail and did not misuse the liberty granted to him and further he has deposited the entire amount of fine. 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 Panel Lawyer 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 during trial appellant remained on bail and did not misuse the liberty so granted to him and he has also deposited the fine amount 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.50,000/- (Rupees Fifty Thousand 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) if appellant is found to be involved in any activity disturbing the peace and tranquility of the area or any other criminal act, the bail granted to him today shall stand automatically cancelled.

Accordingly, I.A.No.15827/2022 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

yog

YOGESH VERMA 2022.10.13 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 16:47:27 +05'30'