Ashutosh vs State Of Madhya Pradesh

Heard on the question of admission.

Appeal is admitted for final hearing.

Als o heard on I.A. No.23989/2019, which is first application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant against judgment dated 13.12.2019 passed by the learned VII Additional Sessions Judge, Sagar,

District-Sagar in Sessions Trial No.65/2018.

Appellant stands convicted for an offence punishable under Section 409 of the IPC and has been sentenced to undergo RI for 5 years with fine of

Rs.70,000/- in default of payment of fine, additional RI for 1 year.

As per prosecution case, on 08.09.2017, complainant-Malika has lodged a written complaint against the present appellant alleging that a trip of 17

teachers were arranged by the appellant via Sagar to Dubai and in this regard many teachers gave Indian Currency to the present appellant for

converting into the Foreign Currency, but present appellant did not return sum of Rs.2,02,326/- to the complainant. Thereafter, on the complaint of the

complainant, a case was registered against the present appellant for the alleged offences.

Learned counsel for the appellant submits that appellant-accused has been falsely implicated in this case. Accused-appellant is in jail since 13.12.2019

and during trial he remained in jail since 14.12.2017 to 15.11.2018 therefore he served his substantial jail sentence. There is no specific allegation

against the present appellant for committing the aforesaid offence. Present appellant has not committed any offence. Present appellant is aged about

27 years. Prosecution has not able to prove its case beyond reasonable doubts and there were major contradictions, omission and improvements in the

evidence of the prosecution witnesses. In Section 409, there is no minimum sentence prescribed. Applicant is not previously convicted. Appellant has

also returned some amounts to the complainant as well as other teacher in their accounts. This appeal is of year 2019 and appeal will take time to

conclude due to COVID-19. There is fair chance to succeed in the appeal. The applicant is willing and ready to deposit sum of Rs.70,000/- before the

trial Court. There is no likelihood of his absconding. 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 his jail sentence and grant of bail.

Learned P.L. has opposed the application and prayed for its rejection. Having considered the arguments advanced by learned counsel for the parties

and on perusal of the record, appellant is in jail since 13.12.2019 and during trial he remained in jail since 14.12.2017 to 15.11.2018, this appeal is of

year 2019 and it will take time to conclude due to Covid-19, appellant is willing and ready to deposit sum of Rs.70,000/- before the trial Court, but

without commenting anything on the merit of the case, the said I.A. No.23989/2019 is allowed. It is ordered that subject to payment of fine amount,

if not already deposited, the execution of jail sentence of the appellant-Ashutosh shall remain suspended during the pendency of this appeal and he

be released on bail subject to depositing of Rs.70,000/- before the trial Court and on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees

Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial court on

25.11.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant 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 :-

The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before her 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. C.C. as per rules.