Mahendra @ Chotu And Others vs State Of Madhya Pradesh And Others

Rajendra Kumar Srivastava, J

Record of the trial Court is available.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A.No.4010/2020, which is first application filed by the appellants/accused under section 389 (1) of Cr.P.C for suspension of sentence and grant bail to them.

Appellants stand convicted for an offence punishable under Section 354 of the IPC and have been sentenced to undergo RI for 1 year with fine of Rs.1000/- with default stipulation.

As per prosecution case, prosecutrix lodged the report against the present appellants stating therein that on 31.08.2018 in the morning when she was returning back to her house, on the way, appellants came there by motorcycle, hold her hand with bad intention and she was subjected to her molestation. The appellants also abused and threatened her.

Learned counsel for the appellants submits that learned trial Court has suspended the jail sentence of appellants up to 16.03.2020 and after that this Court has extended the suspension period of the appellants. Present appellants have been falsely implicated in this case. There is no reliable evidence available on record against the present appellants for the alleged offences. Appellants have not committed any offence. The date of birth of prosecutrix is also disputed. No eye witness is available in the case. There is no criminal antecedent against the present appellants and they are students. This appeal is of year 2020 and it will take time to conclude due to COVID- 19 pandemic. There are material contradictions and omissions in the statement of the prosecution witnesses. There is fair chance to succeed in the appeal. There is no likelihood of their absconding. Under the circumstances, if the sentence of the appellants are not suspended, their right to file appeal will be futile. Hence, prayer is made for suspension of their jail sentence and grant of bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties and this fact that learned trial Court has suspended the jail sentence of the appellants up to 16.03.2020 and after that this Court has extended the suspension period of the appellants, this appeal is of year 2020, final hearing of this appeal will take time due to COVID-19 pandemic but without commenting anything on the merits of the case, the said I.A.No.4010/2020 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the appellants/accused-Mahendra @ Chotu and Rahul shall remain suspended during the pendency of this appeal and they be released on bail on their furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only)each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial court on 22.12.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

List the matter for final hearing in due course.

C.C. as per rules.