Madhya Pradesh High Court
Suneel Kushwah vs The State Of Madhya Pradesh on 17 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1974 of 2024
(SUNEEL KUSHWAH Vs THE STATE OF MADHYA PRADESH)
Dated : 17-05-2024
Shri Kamlesh Kumar Kori - Advocate for the appellant.
Shri Ravindra Singh Kushwaha - Deputy Advocate General for the
respondent-State.
Heard on I.A. No.4469 of 2024, first application under Section 389 (1) of
Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on
behalf of the appellant.
T h e appellant has been convicted for the offence punishable under
Section 376(d) of IPC and sentenced to undergo 20 years' RI with fine of
Rs.5000/- and Section 506(2) of IPC and sentenced to undergo 01 year's RI
with fine of Rs.1000/- with default stipulations respectively vide judgment of
conviction and order of sentence dated 24-01-2024 passed by VIIIth Additional
Sessions Judge, Morena in ST No.113 of 2022.
As per prosecution story, on 05-02-2022 prosecutrix filed a complainant
at Police Station Civil Line, Morena, District-Morena to the effect that on 02-02-
2022 when she went to agriculture field to answer nature's call, her Devar
Sandeep (son of uncle) alongwith present appellant Suneel came there and both
of them committed rape upon her. Although report was lodged with delay of
three days. Both the appellant were arrested and thereafter, their samples were
taken for DNA test. DNA sample of co-accused Sandeep was matched with
the prosecutrix.
Learned counsel for the appellant submits that present appellant happens
to be the friend of co-accused Sandeep with whom, family of the prosecutrix
has property dispute, therefore, present appellant has been implicated in the
case. DNA sample of present appellant has not been matched with prosecutrix.
However, co-accused Sandeep took a plea that he was having consensual
relationship with the prosecutrix as discussed in para 45 of the impugned
judgment. Present appellant has been convicted only on the basis that no lady
would implicate any person at the cost of her reputation. Besides, appellant has
suffered incarceration for more than 06 months and the appeal being of the year
2024 is not likely to be decided in near future. Hence, appellant prays for
suspension of sentence and grant of bail.
Learned counsel for the respondent-State opposes the prayer and prayed
for rejection of the application.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that
appellant has suffered jail incarceration of more than six months and final
conclusion of the appeal will still take sufficient long time, we deem it proper to
suspend the remaining custodial sentence of the appellant. Accordingly, I.A.
No.4469 of 2024 stands allowed. The execution of remaining jail sentence of the
appellant - Suneel Kushwaha is hereby suspended and it is ordered that the
appellant be released on bail upon his furnishing 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 the trial Court and subject to depositing the
fine amount (if not already deposited) with a further direction to appear before
the Registry of this Court on 10-09-2024 and also on such other dates, as may
be fixed by the Registry of this Court in this regard during the pendency of this
appeal.
I.A. stands disposed of.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
vc
VARSHA
CHATURVEDI
2024.05.18
12:37:46 +05'30'
