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Judgment
Record of the trial court has been received.
Heard on the question of admission.
Appeal is admitted for final hearing.
Heard on I.A. No.22387/2019 for condonation of delay.
For the reasons mentioned in the application, the same is allowed and the delay is hereby condoned.
Also heard on I.A. No. 22389//2019, which is an application for suspension of sentence and grant of bail to the appellant.
This appeal has been preferred by the appellant against judgment dated 5.04.2018 passed by the learned VI Additional Sessions Judge Bhopal in Session Case No. 256/2017 whereby appellant stands convicted for an offence punishable under Section 368 read with 363 of I.P.C. and has been sentenced to undergo R.I. for 5 years and fine of Rs.2000/-, Section 346 read with 343 of I.P.C. and has been sentenced to undergo R.I. for 1 year and Section 365 of I.P.C. and has been sentenced to undergo R.I. for 5 years and fine of Rs.5000/- with default stipulations.
As per prosecution case, on 31.5.2017 one Karan aged about 14 years missing from Imambada Chauk, Noor Mahal, Rafikiya School Gali No.3, House No. 18. In this regard, father of Karan lodged a missing report in Police Station. Thereafter, a case has been registered against appellant.
Learned counsel for the appellant submits that He remained in jail during trial from 8.06.2017 to 20.06.2017 and he is in jail since 5.04.2018 till now, so appellant has also served substantial period of his jail sentence. He also submits that appellant-accused has falsely been implicated in this case. Learned counsel further submits that there are so many contradictions and omission in the evidence of prosecution witnesses. He further submits that there are fair chances to succeed in the case. This appeal is of the years 2018 and final hearing of this appeal will take time. PW-2 Karan voluntarily came to his house so no case is made out against the appellant-accused for the alleged offence. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended.
Learned PL for the State opposed the said application.
Considering the contention of both the parties, evidence and also the fact that appellant-accused has served almost substantial period of his jail sentence. This appeal is of the years 2018 and final hearing of this appeal will take time due to COVID-19, without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the execution of sentence awarded to the appellant and grant regular bail to him.
Consequently, application for suspension of sentence and grant of regular bail is allowed, subject to depositing the fine amount, if already not deposited. The execution of sentence awarded to appellant Shiva Chauhan shall remain suspended during the pendency of this appeal. Appellan be released on bail subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court. He shall appear and mark his presence before the trial Court on 14.10.2020 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the applicant shall also comply 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.
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 are suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility List the appeal for final hearing in due course. Certified copy as per rules.
List the appeal for final hearing in due course.
Certified copy as per rules.