Tusharkant Gupta vs State Of Madhya Pradesh

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.23313/2019, 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 30.08.2019 passed by learned III Additional Sessions Judge, Bhopal, District- Jabalpur in Session Trial No. 344/2017. Appellant stands convicted for an offence punishable under Section 307 (two counts) of the IPC and has been sentenced to undergo RI for 7 years (two counts) with fine of Rs.1,000/- (two counts) with default stipulation.

As per prosecution case, on 13.02.2017 appellant-accused was tried to through her son from the roof then her wife-Anuradha (PW-1) caught hold him then appellant-accused abused her with filthy language. His mother-in-law Mithlesh PW/2 intervene the matter, appellant-accused inflicted injuries by axe on the head of PW/2. Sister-in-law Shivani PW/3 reached there, thereafter appellant-accused also inflicted injuries by axe on her right shoulder. FIR was lodged.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case. Appellant is in jail since 13.02.2017 so he has served almost half sentence. . He further submits that there are fair chances to succeed in the case. This appeal is of year 2019 and appeal will take time to conclude. Due to COVID-19 the rule of social distancing is not complying in the concerned jail. Apart from this no case is made out under Section 307 of IPC. Dr. Archna Grover PW/8 examined the Mithlesh PW/2 and Shivani PW/3, she opined that injuries can be dangerous to life if the proper medical treatment is not provided in time so, it appears that no injuries is dangerous to life. Dr. Naveen Kothari PW/9 although found fracture of nose and Jaw but no X-ray report is available, During the trial no X-ray report is proved, so it may be the case under Section 325 and 326 of IPC. Appellant-accused did not repeat the assault, so there is no intention to cause death.. There are material contradiction, omission and improvements in the statements of the witnesses. Appellant-accused is not previously convicted. He has no previous criminal antecedent. If the appellant is not released on bail, the purpose of filing this appeal will be futile. With the aforesaid submissions, learned counsel for the appellant prays for suspension of execution of jail sentence and grant of bail.

On the other hand, learned counsel for the respondent-State opposes the prayer.

Considering the contention of both the parties and also evidence, no X-ray report is available in this case, appellant-accused did not repeat the assault on the victim Mithlesh PW/2 and Shivani PW/ 3 and the fact the appellant is in jail since 13.02.2017 so he has served almost half of sentence, this appeal is of year 2019, final hearing of this appeal will take time, it is the time of COVID-19 the rule of social distancing is not complying in the concerned jail but without commenting anything on the merit of the case, the application is allowed.

It is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellant-Tusharkant Gupta shall remain suspended during the pendency of this appeal and he be released on bail 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 concerned trial Court for his appearance before the trial court on 16.12.2020 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 his 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.