Suprabhat Kushwaha @ Uday Kushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 4211 MP

Madhya Pradesh High Court

Suprabhat Kushwaha @ Uday Kushwaha vs The State Of Madhya Pradesh on 13 February, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 2112 of 2024
                           (SUPRABHAT KUSHWAHA @ UDAY KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-02-2024
                                Shri Sanjay K. Kushwaha - Advocate for the appellant.

                                Shri Manoj Kushwaha - Panel Lawyer for the respondent No.1/State.

None for respondent No.2 despite service of notice.

Call for the trial Court record.

Heard o n I.A. No.3774/2024, an application under Section 389(1) of

Cr.P.C. for suspension of sentence and grant of bail to appellant.

Appellant has been convicted for commission of offence under Section 325 of IPC and has been sentenced to undergo R.I. for 01 year and fine of Rs.500/- with default stipulations; under Section 7/8 of POCSO Act and has been sentenced to undergo R.I. for 03 years and fine of Rs.500/- with default stipulation and under Section 3(2)(w)(i) of SC/ST Act and has been sentenced to undergo R.I. for six months and fine of Rs.500/- with default stipulation vide judgment dated 1.2.2024 delivered by 1st Additional Sessions Judge, Nagod, District Satna (M.P.), in S.C. No.07/2022 (State of M.P. Vs. Suprabhat

Kushwaha).

Learned counsel for the appellant has submitted that appellant has not committed any offence. He has been erroneously convicted by the trial Court. It is submitted that in the course of trial appellant was on bail. He has not misused the liberty granted by way of bail during trial. Even after conviction and passing of order of jail sentence, learned trial Court itself had suspended the jail sentence of the appellant till 2.3.2024. The appellant has fair chance to succeed in the appeal. It is further submitted that a short sentence has been

awarded by the trial Court and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellant be suspended and he be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the grant of bail to the appellant.

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.3774/2024 is allowed. The execution of jail sentence of appellant- Suprabhat Kushwaha is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty 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 on 8.5.2024 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for admission after receipt of trial Court record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra