Vishnu Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 13706 MP

                                         1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                              CRA-299-2023

         (VISHNU KUSHWAH Vs . STATE OF MADHYA PRADESH)

DATED:- 22-08-2023

      Shri Akhand Pratap Singh - Advocate for the appellant.
      Smt. Anjali Gyanani - Public Prosecutor for the respondent/State.

Per Justice Deepak Kumar Agarwal:

Heard on I.A. No.8895/2023, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant- Vishnu Kushwah.

This criminal appeal assails the judgment dated 01.11.2022 passed in Special S.T. No.11/2020 (POCSO) by learned Special Judge (POCSO Act) Gohad District Bhind (M.P.), whereby the appellant has been convicted and sentenced as under:-

Section Sentence Fine (Rs.) Default Stipulation

363 of IPC 5 Years R.I. 500/- 3 Months RI 366-A of IPC 5 Years R.I. 500/- 3 Months RI 376 (2)(n) of IPC Life Imprisonment 2000/- 1 Year RI In brief, case of the p rosecution is that on 13.11.2014, father of the prosecutrix had gone to the field. At that time, prosecutrix was alone at the house. When he returned back, he found that prosecutrix is missing. It was informed him by Batiram Baghel (PW-3) that prosecutrix went away somewhere with the present appellant. Upon the complaint, FIR bearing crime No.383/2014 was lodged at Police Station Mow under Section 363 and 366 of IPC. Thereafter on 03.04.2015 prosecutrix was recovered and her statements were recorded. On the basis of her statements, offence punishable

under Sections 376 (d), 376(n), 368, 323, 506 of IPC and Section 5/6, 17 of POCSO Act were added. After investigation, charge-sheet had been filed. Thereafter, all the accused were arrested and charges had been framed. After conclusion of trial, trial Court convicted the appellant for the offence as mentioned above.

Learned counsel for the appellant submits that appellant has been falsely implicated in this case and he has been wrongly convicted by the learned trial Court. It is further submitted that in the statement of prosecutrix recorded under Section 164 of CrPC on 05.05.2015 prosecutrix nowhere mentioned about the commission of rape with her but in the statement recorded under Section 161 of CrPC on 03.06.2015, prosecutrix first time disclosed about commission of rape by accused Jagat Singh and present appellant Vishnu Kushwah. Appellant has suffered about one year of incarceration and he is the permanent resident of District- Bhind (M.P.) and there are fair chances of success of this appeal. Fine amount has already been deposited by the appellant. Present appeal is of the year 2023 and final hearing of the case 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 and without commenting upon merits of the case, IA No. 8895/2023 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 5th December, 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.

I.A. No. 8895/2023 stands allowed and disposed of. Certified copy as per rules.

                                             (ROHIT ARYA)                                             (DEEPAK KUMAR AGARWAL)
                                                JUDGE                                                         JUDGE

RAHUL ojha
         Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH

SINGH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0c de4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4

PARIHAR AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.23 12:21:28 +05'30'