Anil OJha vs State Of M.P.

I.A.No.6057/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein. Also, heard on I.A.No.6058/2020, this is an application under Section 389(1) of Cr.P.C. for suspension of sentence on behalf of appellant- Anil Ojha.

Vide judgment dated 17.03.2020 passed by Second Additional Sessions Judge, Guna in Sessions Case No.130/2017, the appellant has been convicted and sentenced as under:

Section

Sentence

Fine

Fine In default stipulation

376(2)(h) IPC read with Section of 5(q)(6) of POCSO Act

10 years RI

Rs.10,000/-

2 years RI

363 of IPC

5 years RI

Rs.5,000/-

1 year RI

366-A of IPC

5 years RI

Rs.5,000/-

1 year RI

It is submitted by learned counsel for appellant that the trial Court has wrongly convicted the appellant without appreciating the materials and evidence available on record. The appellant was on bail during trial and from the date of judgment, he is in custody. It is further submitted that there is no allegation against the present applicant of committing rape and he is not the main accused of this case. There is no specific allegation against the present applicant, rather there appears a case of consent. It is further submitted that co-accused persons, namely, Santosh Ojha and Narendra Ojha have been granted interim bail for a period of 60 days. There is no possibility of final hearing of this case in near future looking to the COVID-19 situation. Hence, prayed for suspension of sentence and grant of interim bail for a period of 60 days.

Per contra, learned Panel Lawyer has opposed the submissions and prayed for rejection of the application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the present case, and the facts that the co-accused persons have already granted interim bail for a period 60 days and there is no likelihood of early disposal of the present appeal in near future due to the current situation of COVID-19 pandemic, without commenting upon the merits of the case, jail sentence of the appellant is temporarily suspended for a period of 60 days and it is hereby directed that the appellant shall be released on bail for a temporary period of 60 days from the date of his release on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the trial Court. The applicant shall surrender before the trial Court immediately after completion of 60 days. The intimation regarding surrender of the appellant be furnished to this Court. In case of failure to comply the order, this bail order shall automatically stand cancelled.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the applicant, his Corona Virus test shall be conducted and if he is found negative, then the concerned local administration shall make necessary arrangements for sending the applicant to his house, and if he is found positive then the applicant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the applicant is fit for release and if he is in a position to make her personal arrangements, then he shall be released only after taking due travel permission from local administration.

After release, the applicant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the applicant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him in custody and would sent him to the same jail from where he was released.

E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance.

I.A.No.6058/2020 stands disposed of accordingly.