Mohanlal @ Thekedarkushwaha vs The State Of Madhya Pradesh
2024 Latest Caselaw 12235 MP

Madhya Pradesh High Court

Mohanlal @ Thekedarkushwaha vs The State Of Madhya Pradesh on 1 May, 2024

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                    CRA No. 7111 of 2022
                                   (MOHANLAL @ THEKEDARKUSHWAHA Vs THE STATE OF MADHYA PRADESH)

                    Dated : 01-05-2024
                           Shri K.N. Bundela - Advocate for the appellant.

                           Shri N.S. Solanki - Panel Lawyer for the respondent/State.

Heard on I.A. No.6020/2024, third application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant Mohanlal @ Thekedar Kushwaha, pending the appeal.

Appellant's earlier two bail applications were dismissed as withdrawn and not pressed vide orders dated 01.05.2023 and 06.11.2023 passed in I.A. No.17990/2022 and I.A. No.22588/2023 respectively.

Appellant has been convicted for commission of offence under Sections 354(A)(i), 354(B) and 342 of IPC and Sections 11(i)(ii) ,12 and 9(M)/10 of POCSO Act, 2012. Appellant has been sentenced to undergo 7 years R. I. and fine of Rs.5000/- with default stipulation for commission of offence under Sections 9(M)/10 of POCSO Act, 2012 and 6 months R.I. and fine of Rs. 500/- with default stipulation for commission of offence under Section 342 of IPC, vide judgment dated 28.07.2022 passed in S.C. No.19/2020

by Special Judge (POCSO Act, 2012), District Panna.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by the trial Court. He has fair chances to succeed in the appeal. Learned counsel has further submitted that minor in his evidence has admitted that relations between appellant and his father was strained. Appellant has undergone actual incarceration of more than four years. Therefore, it is prayed that appellant may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed grant of

bail and has submitted that offence committed by the appellant is heinous in nature and prosecution has proved its case beyond all reasonable doubts by adducing cogent and reliable evidence.

On perusal of the material on record, it is apparent that appellant is in jail since 08.04.2020. He has suffered more than four years jail sentence. Awarded sentence is seven years and as such he has suffered more than half of the sentence. There is no possibility of hearing of this appeal in near future. Therefore, having considered the factum of the jail sentence already undergone by the appellant, I am inclined to release the appellant on bail.

Consequently, I.A. No.6020/2024 is allowed. The execution of jail sentence of

appellant Mohanlal @ Thekedar 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 16.10.2024 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 final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE ak