Madhya Pradesh High Court
Ramraj Singh Kachhwah vs The State Of Madhya Pradesh on 12 August, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 CRA-2325-2021
The High Court Of Madhya Pradesh
CRA-2325-2021
(RAMRAJ SINGH KACHHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
5
Jabalpur, Dated : 12-08-2021
Heard through Video Conferencing.
Shri Shailendra Singh, Advocate for the appellant.
Shri Ashish Patel Panel Lawyer for the respondent-State.
Learned counsel for the complainant is not connected. Record of the court below is available on record.
Appeal is admitted for hearing.
Heard on I.A.No.5492/2021, which is an application filed by the accused/appellant, under section 389 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of Special Judge SC/ST (Prevention of Atrocities) Act, 1989, District Shahdol (MP), in SC ATR No.300007/2016, vide its judgment dated 9.3.2021, convicting the appellant/accused under Sections 3(1)(11) & 3(1)(10) of SC/ST (Prevention of Atrocities) Act and sentenced him to undergo RI for 2 year each with fine of Rs.2,000/- each, Section 457 of IPC, appellant is sentenced to undergo R.I. for 2 years and fine of Rs.2000/-, Section 323 of IPC, he is sentenced to undergo R.I. for 6 months and fine of Rs.500/- and Sec. 324 of IPC, he is sentenced to undergo R.I. for 2 years and fine of Rs.2,000/- with default stipulation on each count, as mentioned in the impugned judgment.
As per prosecution case, on 8.12.2015 at about 9:30 pm, prosecutrix (PW/1) was in her house, accused/appellant entered into the house of prosecutrix, caught hold her hand and outraged her modesty. Prosecutrix cried, then accused/appellant beat her by kicks and fists. Her mother Gayatri intervened into the matter, then accused/ appellant pushed her and abused her filthy language by her caste.
L e a r n e d counsel for the appellant/accused submits that Signature Not Verified SAN accused/appellant has been falsely implicated in this case. Accused/appellant Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:04 IST 2 CRA-2325-2021 remained in jail during trial since 10.12.2015 to 16.12.2015 and at present he is in jail since 9.3.2021 till now. Learned trial Court committed grave error in convicting and sentencing the accused/appellant. Learned trial Court did not appreciate the evidence in perspective way. Prosecutrix (PW/1) also admitted this fact that when accused/appellant will leave her wife, then she will live with accused/appellant as his wife. Learned trial Court already suspended the execution of jail sentence and granted bail to the accused/appellant upto 9.4.2021. This Court vide order dated 22.4.2021 has extended the period of temporary bail of the accused/appellant for a period of two months i.e. upto 29.6.2021, which was extended by order dated 31.7.2021 for further period of two months i.e. upto 28.8.2021. This appeal is of year 2021. It is the time of COVID-19, Pandemic, due to which hearing of this appeal will take time to conclude the same. There are material contradictions and omissions in the statement of the witnesses. There is fair chance to succeed in the appeal. There is no likelihood of his absconding and tampering with the evidence. Under the circumstances, if the 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 of present accused/ appellant.
Learned Panel Lawyer has opposed the application and prayed for its rejection.
Having considered the arguments advanced by learned counsel for the parties, on perusal of the record and the fact that learned trial Court already suspended the jail sentence of accused/appellant and granted bail to him, accused/appellant remained in jail during trial since 10.12.2015 to 16.12.2015 and at present he is in jail since 9.3.2021 till now, this appeal is of 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 merit 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-Ramraj Singh Kachhwah shall remain suspended during the Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:04 IST 3 CRA-2325-2021 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 amount of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial court on 26.10.2021 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.
I n 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.
I n view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply with the rules and norms of social distancing. 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 applicant 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 A.Praj.
Signature Not Verified SAN Digitally signed by ASHWANI PRAJAPATI Date: 2021.08.12 18:21:04 IST