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Judgment
The lawyers are reported to be abstaining from work.. IA.27102/20201, first application u/Sec. 389(1) Cr.P.C. for suspension of sentence, has been filed on merits as well as on compassionate ground.
This criminal appeal assails the judgment dated 13.8.2021 passed in S.T.No.41/2020 by Additional Sessions Judge/ Special Judge (POCSO Act), Mehgaon, Distt. Bhind whereby appellant- Ramnaresh has been convicted & sentenced as under:
Section
Imprisonment
Fine
5n read with Section 6 of the POCSO Act
Life Imprisonment
Rs. 10,000/- with default stipulation
This Court declines to interfere in the matter for suspension of sentence on merits, but as regards compassionate ground, it is alleged that appellant is 100% blind.
This Court had asked for the medical report in that regard.
The report dated 25.9.2021 of the Medical Officer, Central Jail, Gwalior, reveals that appellant suffers from "proptosis (protrusion of eyeball) with nystagmus (rapid involuntary movements of the eye), both eyes absolute glaucoma and 100% blindness".
Considering the aforesaid and the fact that appellant is opined to be 100% blind and blindness is permanent in nature, without expressing any opinion on merits, IA.27102/2021 is allowed and it is directed that sentence of appellant- Ramnaresh shall remain suspended temporarily for a period of 90 days and he be released on temporary bail for a period of 90 (Ninety) days from the date of release, subject to his furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Magistrate provided that amount of fine has been deposited by appellant-Ramnaresh.
This order will remain operative subject to compliance of the following conditions by the appellant :-
If the appellant is found in close vicinity of the victim/complainant/witnesses where they reside, then the complainant/prosecution will be free to seek cancellation of his bail.
Registry is directed to communicate the copy of this order to the Superintendent of Police, Bhind (M.P.) for compliance.
The Station House Officer of the concerned Police Station is directed as follows:
The Station House Officer shall inform the victim/complainant about the release of appellant on bail and shall also supply a copy of this bail order to the victim/complainant.
In case of breach of any of the conditions of this order, the complainant shall be free to report the matter to the Station House Officer of the concerned Police Station.
On receipt of any such complaint from the complainant, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.
On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.
The learned concerned CJM/Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of appellant- Ramnaresh during period of suspension of sentence as a consequence of this order.
It is further directed that appellant- Ramnaresh shall surrender before the concerned Magistrate in the 2 nd week of January, 2022.
The intimation regarding surrender by appellant- Ramnaresh be furnished to this Court by the concerned Magistrate.
A copy of this order be sent to the Court concerned for information. The Registry of this Court is directed to send a copy of this order to the Magistrate of the concerned district as well as to the concerned Station House Officer for information and compliance.
List the case in the 3rd week of January, 2022 to verify the factum of surrender.
C.c as per rules.