Brajkishore Kushwah vs The State Of Madhya Pradesh
2023 Latest Caselaw 7545 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                CRA No. 5824 of 2023
               (BRAJKISHORE KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Dated : 09-05-2023
      Shri B.D. Mahore - learned counsel for the appellant.

      Shri Dinesh Savita - learned Public Prosecutor for the respondent-State

Heard on I.A. No. 7560/2023, first application under Section 389 (1) of Cr.P.C. moved on behalf of appellant.

This criminal appeal under Section 374 of the Cr.P.C. is preferred by the

appellant against the judgment dated 23/03/2023 passed by Special Judge (POCSO Act)/Eight Additional Sessions Judge, District Morena (M.P.) in Special Case No. 44/2021 whereby appellant has been convicted under Sections 7 Read with 8 and 11(1)/12 of the POCSO Act and sentenced to suffer 3 years RI with fine of Rs.3000/- and 1 year RI with default stipulation.

It is the submission of learned counsel for appellant that appellant has surrendered before the Trial Court on 05/05/2023. He already suffered sufficient period of incarceration out of three years sentence. Appellant learnt the lesson hard way and would mend his ways and become better citizen in future and

shall not involve in any criminal activity. Fine amount has already been deposited. Appellant has good case on merits and final hearing of appeal would take come time. Learned counsel fairly submits that if appellant is released on bail then he shall abide by all conditions imposed by this Court. Thus, prayed for grant of suspension of sentence.

Learned counsel for the respondent/State opposed the prayer and prayed for rejection of application.

Considering the facts and circumstances of the case, this Court intends to allow the application with stringent conditions, subject to deposit of fine amount, it is directed that jail sentence of appellant shall remain suspended subject to appellant furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the trial Court to appear before Registry of this Court on 17/07/2023 and all other subsequent dates as may be fixed in this regard.

Appellant shall not move in the vicinity of the complainant side in any manner and would not cause any embarrassment or harassment to to the complainant side, otherwise his benefit of suspension shall

immediately be withdrawn.

I.A.No.7560/2023 stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.

(ANAND PATHAK) JUDGE

Prachi

PRACHI MISHRA 2023.05.10 10:27:39 +05'30'