Pratap Singh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 15911 MP

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              HIGH COURT OF MADHYA PRADESH
                    Criminal Appeal No.8017/2022
      (Pratap Singh Kushwah Vs. The State of Madhya Pradesh)

Gwalior Bench : Dated : 01.12.2022

      Shri B.S.Gour, learned counsel for appellant.

      Shri B.P.S.Chauhan, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.14363 of 2022, first application under

Section 389 (1) of Cr.P.C. for suspension of sentence and grant of

bail filed on behalf of appellant.

This criminal appeal under Section 374 of Cr.P.C. is preferred

by appellant against the judgment dated 22.08.2022 passed by the

Special Judge (POCSO) Act 2012, District Shivpuri (Madhya

Pradesh) in Special Case No.26/2021, whereby appellant has been

convicted as under:-

Sections Act           Imprisonment     Fine
363        IPC         R.I. for 2 years Rs.1000/-with        default
                                        stipulation
354        IPC         R.I. for 2 years Rs.1000/-     with   default
                                        stipulation
10         POCSO       R.I. for      06 Rs.3000/-     with   default
                       years            stipulation

              HIGH COURT OF MADHYA PRADESH
                    Criminal Appeal No.8017/2022

(Pratap Singh Kushwah Vs. The State of Madhya Pradesh)

It is the submission of learned counsel for appellant that the

trial Court erred in convicting and awarding jail sentence to the

appellant. It is further submitted that appellant already suffered 23

months' incarceration. It is further submitted that because of existing

dispute between the family, instant case has been registered. He

referred the para 6 of prosecutrix (PW-1) to submit that because of

some electricity/D.P. related dispute both the family are at

loggerheads. Hearing of appeal will take time and he has a good case

on merits. Appellant shall not be a source of embarrassment or

harassment to the complainant side in any manner. Learned counsel

fairly submits that if appellant is released on bail then appellant shall

abide by all conditions imposed by this Court. Thus, prayed for

suspension of sentence and grant of bail.

Learned Public Prosecutor for the respondent/State opposed

the application and prayed for its dismissal.

Looking to the submissions made by learned counsel for the

parties as well as the fact that final hearing of this appeal would take

HIGH COURT OF MADHYA PRADESH Criminal Appeal No.8017/2022 (Pratap Singh Kushwah Vs. The State of Madhya Pradesh)

some time, application I.A.No.14363/2022 is hereby allowed.

If appellant furnishes bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) along with one solvent surety of

the like amount to the satisfaction of the trial Court that he shall

appear before the Principal Registrar of this Court on 31-01-2023

and on all other subsequent dates as may be fixed by the Office for

appearance, then he shall be released on bail and execution of jail

sentence is suspended till disposal of this appeal.

Appellant shall not move in the vicinity of the complainant

side in any manner and shall not be a source of embarrassment

or harassment to the complainant side in any manner.

I.A.No.14363 of 2022 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                           (Anand Pathak)
AK/-                                                           Judge
  ANAND KUMAR
  2022.12.02
  10:39:47 +05'30'