Rajesh Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 9822 MP

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                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT GWALIOR
                                                           CRA No. 9038 of 2019
                                                 (RAJESH KUSHWAH Vs THE STATE OF MADHYA PRADESH)

                              Dated : 18-07-2022
                                       Shri M.K. Choudhary, learned counsel for the appellant.

                                       Shri Sushant Tiwari, learned counsel for the respondent/State.

Learned counsel for the appellant informed this Court that after passing the judgment dated 08.08.2019, appellant already completed his conviction/jail sentence as he was convicted for offence under Section 354(2) of the IPC and Section 12 of the POCSO Act and sentenced to undergo RI for three years

with fine Rs.2000/- (with default stipulation). He suffered almost 60 days incarceration prior to passing of the judgment which amounts to pretrial detention. Therefore, cumulatively he suffered three years jail sentence.

Learned counsel for the respondent opposed the prayer made by the counsel for the appellant on the ground that appellant did not dispute the fine amount, therefore, as per default stipulation, six months additional jail sentence has to be suffered by him, therefore, according to his record, he shall be released on 07.12.2022.

At this stage, State is directed to seek instruction whether appellant

availed any remission period or any benefit is given to him during COVID-19 pandemic while enlarged on bail because of peculiar situation.

Needful be done within two weeks.

List the matter on 04.08.2022.

ANAND PATHAK) JUDGE

Rashid RASHID KHAN 2022.07.19 17:45:38 +05'30' 11.0.8