Golu Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 9244 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1838 of 2022 (GOLU KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 09-07-2022 Shri Shahnawaj Khan, learned counsel for appellant.

Ms. Papiya Ghosh, learned Panel Lawyer for the State. Heard on I.A.3204/2022, which is first application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant.

B y the impugned judgment dated 09.02.2022 passed by learned Additional Sessions Judge and Special Judge (POCSO Act), Begumganj, District Raisen in S.C.

No.46/2020 the appellant has been convicted for offences under Sections 376(1), 450 & 323 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2000/-, R.I. for 5 years with fine of Rs.1000/- and R.I. for six months with fine of Rs.500/- respectively, with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The age of the prosecutrix is in dispute. There are slight difference in her age. In the Govt. Primary School, Khireti, her date of birth 19.12.2001 is recorded and in the Govt. Middle School, Majhagwan Sani, her date of birth 19.02.2001 is recorded. Earlier the report

was lodged by the complainant against the appellant under Sections 354, 451 & 323 of the IPC and Section 7/8 of the POCSO Act. Thereafter, Section 376(1) of IPC was added. The appellant himself lodged an FIR against uncle of the prosecutrix namely Dheeraj under Sections 294, 323 & 506 of I.P.C. It is a case of consent. The appellant is aged about 20 years, he is in jail and the first offender. Final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the remaining jail sentence of the appellant and grant him bail. Signature Not Verified SAN

Learned Panel Lawyer has opposed the prayer for bail. Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.07.09 17:55:50 IST Considering the over all facts and circumstances of the case, the sentence

served by the appellant and taking into account that final disposal of appeal would take considerable time; without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant - Golu Kushwaha shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant shall appear before the trial Court concerned on 05.12.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.07.09 17:55:50 IST