Kushal Kol vs The State Of Madhya Pradesh
2023 Latest Caselaw 19075 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 11673 of 2022
                                              (KUSHAL KOL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-11-2023
                                Ms. Sarita Kanojia - Advocate for appellant.

                                Mr. Dilip Shrivastava - Government Advocate for respondent/State.

Record of the trial court is received.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No.23586/2022.

This is the first application for suspension of sentence and grant of bail filed on behalf of appellant Kushal Kol, who has been convicted for the offence under Sections 363, 366, 376(2)(n) and 376(2)(I) of the Indian Penal Code and sentenced to R.I for 03 years, with fine of Rs.1,000/-, R.I. for 03 years with fine of Rs.1,000/-, R.I. for 10 years with fine of Rs.2,000/- and R.I. for 10 years with fine of Rs.2000/- respectively, with default stipulations, vide judgment dated 21.04.2022 passed by the Exclusive Special Judge, Protection of Children from Sexual Offences Act, 2012 Katni, District-Katni (M.P.) in

Special Case No.34/2018.

According to case of the prosecution, on 07.04.2018 between 16:00 hours to 09:00 hours, appellant has taken away the minor prosecutrix from the lawful guardianship of her parents and on the pretext of marriage committed sexual intercourse with her several times.

Learned counsel for the appellant submits that the appellant is aged about 24 years and he has no criminal antecedents. He is in custody since 14.04.2018 and he never allured the prosecutrix in any manner. As per the Signature Not Verified Signed by: JULIE SINGH Signing time: 11/9/2023 7:59:29 PM

medical report, no injury was found on the body of the victim/prosecutrix. Und er these circumstances, learned counsel for the appellant prays for suspension of custodial sentence and grant of bail to the appellant.

Learned counsel for the State has vehemently opposed the application on the ground that the victim/prosecutrix was minor on the date of incident and in her statement, she has supported the prosecution case and the FSL report was found positive.

Considering the submissions made by the learned counsel for the parties and on perusal of the record and looking to the detention period of the appellant i.e. 04 years and 04 months, I am of the opinion that under the circumstances as

have been put forth before this Court, without commenting anything on merits of the case, IA No. 23586 of 2022 is allowed.

I t directed that remaining jail sentence of the appellant shall remain suspended and he shall be released on bail upon his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 22.01.2024 and on such other dates as may be fixed by the Registry.

List the appeal for final hearing in due course.

(DEVNARAYAN MISHRA) JUDGE

julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 11/9/2023 7:59:29 PM