Madhya Pradesh High Court
Ravindra Singh Kushwah vs The State Of Madhya Pradesh on 12 October, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8863 of 2022
(RAVINDRA SINGH KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 12-10-2022
Shri Anshu Gupta, learned counsel for the appellant.
Shri Ramadhar Choubey, learned Public Prosecutor for the respondent-
State.
Heard o n I.A.No. 15401/2022, an application for suspension of
sentence and grant of bail moved on behalf of appellant.
The appellant stands convicted under Section 506 IPC and sentenced to
undergo 06 months' RI with fine of Rs.200/-, Section 7/8 of POCSO Act and
sentenced to undergo 03 years' RI with fine of Rs.1000/- and under Section
3(2)(v)(a) of SC & ST Act and sentenced to undergo 03 years' RI with fine of
Rs.500/- with default stipulation vide judgment of conviction and order of
sentence dated 12/09/2022 passed by III Additional Sessions Judge/ Special
Judge (POCSO Act) in Special Sessions Trial No.85/2021.
Appellant has suffered incarceration for 04 days during trial. It is
submitted by learned counsel for the appellant that learned Court below has
suspended the jail sentence of appellant for one months' period only which
period is going to expire today itself.
As per prosecution story, on 01/01/2021, mother of the prosecutrix
lodged an FIR at Crime No.05/2021 to the effect that when her daughter/
prosecutrix; a minor had gone on 30/12/2020 to feed the cow then appellant
came there and with bad intention caught hold of her right hand and kissed her
on right cheek, he also threatened her with dire consequences in case she
discloses the aforesaid incident to anyone. Investigation was started. Upon
recording of statements of the prosecutrix and other witnesses and collection of
incriminating material, challan was filed. The case was committed to the
Sessions Court for trial.
The Sessions Judge upon critical evaluation of the evidence placed on
record and statements recorded, convicted and sentenced the appellant as
referred above.
Learned counsel for appellant while taking exception to the impugned
judgment submits that the Sessions Court has not appreciated the evidence
placed on record in correct perspective. Learned counsel submits that due to
previous animosity, appellant has been falsely implicated in the present case. It
is further submitted that during trial he was on bail and did not misuse the liberty
granted to him and further he has deposited the entire amount of fine. He has
suffered 04 days incarceration. The appeal is of the year 2022 and there is no
likelihood of early hearing of this appeal in the near future. Under such
circumstance, learned counsel prays for suspension of sentence and grant of
bail on behalf of appellant.
Per contra, learned counsel for the respondent-State opposed the
application supporting the impugned judgment.
Upon hearing learned counsel for the rival parties, without commenting
upon the contentions so advanced touching the merits of the case, but regard
being had to the fact that during trial appellant remained on bail and did not
misuse the liberty so granted to him and he has also deposited the fine amount
and final hearing of appeal will take time, therefore, jail sentence of appellant
deserves to be suspended during pendency of the present appeal.
Accordingly, it is directed that the jail sentence of appellant shall remain
suspended during pendency of the present appeal and he shall be released on
bail subject to verification of the factum of depositing the fine amount and on
his 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. He is directed to appear before the Registry of this Court first
on 12/12/2022 and on other subsequent dates as may be fixed in this behalf
with following further conditions:-
(i) the concerned jail authorities are directed that before releasing the
appellant, his medical examination be conducted through the jail doctor and if it
is prima facie found that he is having any symptoms of COVID-19, then the
consequential follow up action or any further test required be undertaken
immediately. If not, appellant shall be released on bail in terms of the conditions
imposed in this order;
(ii) if appellant is found to be involved in any activity disturbing the
peace and tranquility of the area or any other criminal act, the bail
granted to him today shall stand automatically cancelled.
Accordingly, I.A.No.15401/2022 stands allowed.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
(ROHIT ARYA)
JUDGE
vc
VARSHA
CHATURVEDI
2022.10.12
19:19:23 +05'30'
