Ku Seema Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 324 MP

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             The High Court Of Madhya Pradesh
                     CRA No. 8229 of 2021
              (KU SEEMA KUSHWAH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated:-06/01/2022
      Shri Ayush Saxena, learned counsel for the appellant.

      Shri Rohit Shrivastava, learned Panel Lawyer for the

respondent/State.

Appeal being arguable is admitted for final hearing.

Record of the trial Court be called for.

Heard on I.A.No.34042/2021, an application under Section 389

of Cr.P.C. for suspension of jail sentence moved on behalf of the

appellant.

This criminal appeal has been filed against the judgment dated

22/12/2021 passed by Special Judge, POCSO Act, Gwalior in SPL

Case No.137/2016 by which appellant has been convicted under

sections 363 of IPC and sentenced to undergo three years rigorous

imprisonment with fine of Rs.500/- with default stipulation.

It is submitted by the learned counsel for appellant that this is

the first application for suspension of sentence on behalf of the

appellant. Appellant has wrongly been convicted & sentenced by the

trial Court. There are lot of contradictions and omissions in the

evidence of the prosecution witnesses. Fine amount has already been

deposited by the appellant. It is also submitted that hearing of this

appeal shall take considerably long time. Therefore, prays to suspend

the jail sentence of the appellant.

The High Court Of Madhya Pradesh CRA No. 8229 of 2021 (KU SEEMA KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Learned State counsel has vehemently opposed the submissions

and prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the documents

available on record.

Considering the facts and circumstances of the case, without

commenting on merits of the case, I.A.No.34042/2021 is hereby

allowed. Subject to depositing of fine amount (if not already

deposited) and on furnishing personal bond of Rs.50,000/- (Rupees

Fifty Thousand only) with one solvent surety of the like amount to

the satisfaction of the concerned Court, the remaining jail sentence of

the appellants shall remain suspended and she be released on bail. The

appellant are further directed to mark his appearance before the Office

of this Court on 14/03/2022 and on subsequent dates given by the

Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned for

information.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika MONIKA SHARMA 2022.01.07 11:26:23 +05'30'