Shivnarayan vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on I.A. No.9569/2020, repeat second application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and

grant of bail to the appellant.

First application filed on behalf of the appellant was dismissed vide order dated 19.6.2019 for want of prosecution.

The appellant stands convicted for offence punishable under Section 376(n) of IPC read with Section 5/6 of Protection of Children from Sexual

Offences Act and jointly sentenced to undergo R.I. for 10 years and fine of Rs.10,000/-, with default stipulation, and also convicted under Section 506

of IPC and sentenced to undergo R.I. for 2 years and fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that it is clearly reflected from the statement of the prosecutrix and other witnesses that the prosecutrix was

major at the time of incidence. She had an affair with one Israr. The appellant complained this fact to the family members of the prosecutrix.

Thereafter, the prosecutrix made a false story and lodged a false report against the appellant. It is further submitted that this appeal would take

considerable time for its disposal. Looking to the present situation of widespread of Novel Corona Virus, the appellant prays for suspension of

sentence and grant of bail.

On the other hand, learned Panel Lawyer for the respondent/State vehemently opposes the bail application.

Having heard the learned counsel for the parties and on a perusal of record of the Court below, it is apparent that the appellant remained in jail during

trial. He was arrested on 21.9.2017, since then he is in custody. He has already undergone 3 years of his custodial awarded sentence. On a perusal of

statement of witnesses, age of the prosecutrix is disputed in this appeal. On considering the statement of the prosecutrix and her mother and looking to

the fact that this appeal would take considerable time for its disposal and also considering the present situation of widespread of Novel Corona Virus,

without expressing any opinion on the merits of the case, now this Court is inclined to suspend the further custodial sentence of the appellant till final

disposal of the appeal. Hence, I.A.No.9569/2020 is allowed.

It is directed that on depositing the fine amount, if not already deposited, and on 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 7.1.2021

and all other subsequent dates, as may be fixed by the trial Court in this regard, the remaining part of the substantive jail sentence imposed upo the

appellant Shivnarayan shall remain suspended and he shall be released on bail.

It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case

shall stand cancelled.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona

Virus, before and after releasing the appellant.

Let the appeal be listed for final hearing in due course.

Certified copy as per rules.