Rajesh Nagle vs State Of Madhya Pradesh

Matter is heard through video conferencing.

Records of the Courts below have been received.

Heard on the question of admission.

Revision is admitted for final hearing.

Also, heard on I.A.No.4914/2020, an application for suspension of sentence and grant of bail to the applicant/accused.

The revision has been preferred by the applicant against judgment dated 28.02.2020 passed by learned Special Judge/1st A.S.J. Distt.-Harda, M.P. in

Criminal Appeal No.75/2017 whereby the learned Appellate Court has dismissed the appeal and affirmed the judgment and conviction order dated

31.07.2017 passed in Criminal Case No.598/2005 passed by learned CJM, Harda (MP).

Applicant stands convicted for an offence punishable under Section 342 & 354 of IPC and has been sentenced to undergo RI for 1 month and R.I. for

1 year with a fine of Rs. 500/-respectively with default stipulation.

As per the prosecution case, on 17.03.2005, petitioner-accused entered in the house of the prosecutrix, pressed her mouth and outraged her modesty.

Thereafter, the aforesaid offence has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant is in jail since 28.02.2020. Present applicant has been falsely implicated in this case. He

was young person of aged 19 years old at the time of incident. He is not previously convicted, so there is probability to get benefit under Probation of

Offenders Act. He is in jail since 28.02.2020, so he has served substantial jail sentence. There are many contradictions, omissions and improvements

in the version of the prosecution witnesses. There is fair chance to succeed in the case. This revision is of year 2020 and it will take time to conclude

due to outbreak of pandemic COVID-19. Under the circumstances, if the sentence of the applicant is not suspended, his right to file revision 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, on perusal of the record, it appears that the accused/applicant is in jail

since 28.02.2020, so he has served his substantial jail sentence and considering the facts that he remained in jail during trial from 23.04.2017 to

24.04.2017, this revision is of year 2020, final hearing of this revision will take time, but without commenting anything on the merit of the case, the said

I.A. No.4914/2020 is allowed. It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the

applicant/accused, namely, Rajesh Nagle shall remain suspended during the pendency of this revision and he may be released on bail on his

furnishing a personal bond in the 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 27.07.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial

court in this regard.

In 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 :-

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his release.

2 . The applicant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the applicant is are 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.