Mithun Kushwah vs State Of M.P

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19 outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

I.A. No. 15448/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Also heard on I.A. No. 2462/2020, which is Fourth application for suspension of sentence and grant of bail to appellant. Earlier First, Second and Third applications for suspension of sentence were dismissed vide order dated 31/08/2016, 24/02/2017 & 01.09.2018

This appeal has been preferred against the judgment dated 30/07/2016 passed by Special Judge (Atrocities), District Shivpuri (M.P.) in S.T No. 44/2015, whereby the appellant has been convicted under Section 326-A of IPC and sentenced to suffer imprisonment of Ten years and fine of Rs. 10,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant was on bail during trial and has never misused the liberty so granted.

It is submitted that if released on bail, there is no possibility of his absconsion. It is further submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further submitted that prosecution has not examined any independent witness, but only interested witnesses and relatives of the complainant have been examined. It is further submitted that in view of outbreak of COVID 19, detention of the appellant in already congested prison may be detrimental. It is further submitted that appellant has already suffered incarceration of about five (5) years out of total awarded ten (10) years imprisonment and there are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and they be released on bail.

On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail filed on behalf of the appellant.

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. No. 2462/2020 is allowed

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only) with a local surety of the like amount to the satisfaction of trial Court for her/his appearance before the Registry of this Court on 21st December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to her/him shall remain suspended till further orders and she/he shall be released on bail.

The appellant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus. The appellant shall also install Aarogya Setu App (if not already installed) in his mobile phone.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.