Vithey @ Pushpendra Kushwaha vs The State Of Madhya Pradesh
2022 Latest Caselaw 3695 MP

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           The High Court Of Madhya Pradesh
                    CRA No. 6474 of 2021
       (VITHEY @ PUSHPENDRA KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 15-03-2022
      Mr. R.S. Patel, learned counsel for the appellant.

      Mr. Anoop Sonker, learned Panel Lawyer for the respondent/State.

None for the respondent No.2 though served.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.19315/2021 which is first application for suspension of

sentence and grant of bail to the appellant who stands convicted vide judgment dated 25.10.2021 passed by the Special Judge under the Protection of Children from Sexual Offences Act, Tikamgarh in Special Case No.200004/2016 for offences punishable under Section 354 of the Indian Penal Code and Section 7/8 of the Protection of Children from Sexual Offences Act and Section 3 (1) (11) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo R.I. for three years, three years and four years, respective with fine of Rs.1,000/- on each count and default stipulation.

Learned counsel for the appellant submits that the appellant has been

erroneously convicted by the trial Court without proper appreciation of the evidence on record. It is also contended that the provisions of Scheduled Tribes and Scheduled Castes (Prevention of Atrocities) Act do not apply to the case in hand. The prosecution has not proved that the prosecutrix was below 18 years of age. The final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellant be suspended and he be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

Taking into account the findings given by the trial Court and sentence awarded by it and the fact that the appeal would take considerable time for its disposal as well as the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.19315/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand

Only) with a Surety in the like amount to the satisfaction of the trial Court concerned, the remaining part of the substantive jail sentence imposed upon appellant-Vithey @ Pushpendra Kushwaha shall remain suspended during the pendency of this case and he be released on bail. The appellant shall appear before

the concerned trial Court on 25.07.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.19315/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.03.15 05:22:28

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