Madhya Pradesh High Court
Shiv Singh @ Shippu Kushwah vs The State Of Madhya Pradesh on 17 August, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA-3358-2022
(SHIV SINGH @ SHIPPU KUSHWAH Vs . THE STATE OF MADHYA PRADESH)
DATED:- 17-08-2023
Shri Rajesh Goswami- Advocate for the appellant.
Ms. Anjali Gyanani- Public Prosecutor for the respondent/State.
Per Justice Deepak Kumar Agarwal:
Heard on I.A. No.13386/2023, first application under Section 389 (1)
of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
the appellant - Shiv Singh alias Shippu Kushwah.
This criminal appeal assails the judgment dated 07.01.2022 passed in
Special Case No.19/2021 by learned Special Judge, Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sheopur, District-
Sheopur (M.P.), whereby the appellant has been convicted and sentenced as
under:-
Section Sentence Fine (Rs.) Default
Stipulation
363 of IPC r/w 3(2)(va) of Two years 2000/- 2 Months RI
SC/ST Act
366-A of IPC Seven Years 7000/- 7 Months RI
376 (2)(n) of IPC r/w 5(l) of Life 10,000/- 10 Months RI
POCSO Act Imprisonment
3(2)(w)(i) of SC/ST Act One Year 1000/- 1 Month RI
In brief, case of the prosecution is that on 22.02.2021 complainant
Ramniwas lodged a report that on 21.02.2021 at about 11 am, his mother had
gone to village Satanwada for listening Satsang and he had gone for doing
labour work at Gaswani. His wife had gone to flour mill for grind the wheat.
At that time, his sister aged about 16 years had gone somewhere without
informing to anyone. When they searched her, they found that appellant-
Shiv Singh @ Shippu is also missing. They expressed the doubt that
appellant by persuading her took her away with him. On his information, FIR
bearing crime No.20/2021 for the offence punishable under Section 363 of
IPC was registered against the appellant. During investigation, on
24/02/2021 prosecutrix was recovered and her statement was recorded and in
her statement she has stated that on 21/02/2021, on the pretext of marriage
appellant persuaded and took her away with him and committed sexual
intercourse with her. On the basis of statement of prosecutrix and since the
prosecutrix was below 18 years of age, offence under Sections 366, 376 of
IPC and Sections 5/6 of POCSO Act and Section 3(1)(w)(i) and 3(2)(v)(i) of
SC/ST Act were added. Appellant was arrested and after completion of
investigation, charge-sheet has been submitted. After conclusion of trial, trial
Court convicted the appellant for the offence as mentioned above.
Learned counsel for the appellant submits that the appellant has been
falsely implicated in this case and he has been wrongly convicted by the
learned trial Court. It is further submitted that material witnesses i.e. mother,
brother and prosecutrix have not supported the prosecution case and turned
hostile. Appellant was on bail during trial and he did not misuse the liberty
granted to him. Appellant has suffered about two years and one month of
incarceration and he is the permanent resident of District- Sheopur (M.P.).
There are fair chances of success of this appeal. Final hearing of the appeal
will take time. Under these circumstances, the execution of jail sentence be
suspended and the appellant be released on bail.
On the other hand, learned Public Prosecutor appearing on behalf of
the respondent/State opposed the bail application and prayed for rejection of
this application.
Keeping in view of the aforesaid submissions of learned counsel for
the parties, IA No.13386/2023 is allowed. It is, therefore, directed that if
appellant deposits the entire fine amount, if not already deposited, and
furnishes a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand
Only) with one solvent surety of the like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on 20th November,
2023 and on such subsequent dates as may be fixed in this regard, sentence
of imprisonment awarded to him, shall remain suspended till further orders
and he shall be released on bail.
IA No.13386/2023 stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA) (DEEPAK KUMAR AGARWAL)
JUDGE JUDGE
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2023.08.18 11:55:14 +05'30'
