Naresh Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 13283 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 12683 of 2022
                                     (NARESH KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 16-08-2023
                                Shri Sandeep Mahawar- Advocate for the appellant.

                                Shri Ashish Kurmi- Panel Lawyer for the respondent-State.

Heard.

Admit.

Also heard on I.A. No.25570 of 2022, first application for suspension

of sentence and grant of bail to appellant No.2-Naresh Kushwaha arising out of judgment dated 13.12.2022 delivered in S.C. No.62/2021 by Special Judge (POCSO Act) Narmadapuram, District-Narmadapuram.

T h e appellant has been convicted under Section 3554 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1000/- and Section 9/10 of POCSO Act, 2012 and sentenced to undergo R.I. for 5 years with fine of Rs. 2000/- with default stipulations.

Learned counsel for the appellant submits that appellant has been falsely implicated in the case so that the wages of white washing could be avoided.

PW-2 and PW-7 have not supported the prosecution story. Final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of the appellant may be suspended.

Learned Panel Lawyer opposed the prayer. Having heard learned counsel for the parties and taking into consideration the testimonies of PW-2 and PW-7 specially their cross-examination, without expressing any opinion on merits of the case, coupled with the fact that final hearing of this appeal is not possible in near future, I deem it proper to Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:32:40 PM

suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid I.A. No.25570 of 2022 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.2-Naresh Kushwaha is hereby suspended and it is directed that he be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court Narmadapuram, District- Narmadapuram on 10.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 8/17/2023 5:32:40 PM