Omshankar Kushwah vs The State Of Madhya Pradesh
2024 Latest Caselaw 16060 MP

Madhya Pradesh High Court

Omshankar Kushwah vs The State Of Madhya Pradesh on 29 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 6292 of 2024
                              (OMSHANKAR KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 29-05-2024
                                Mr. Ashish Singh Jadoun - Advocate for the appellants.

                                Mr. V.P.S. Tomar - Panel Lawyer for respondent No. 1 - State.

Heard on I.A.No. 10416 of 2024, second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellants under Section 374 of Cr.P.C. against the impugned judgment of conviction and sentence dated 29.4.2024 passed by Seventh Additional Sessions Judge/Special Judge, POCSO Act, Guna, District Guna (M.P.) in Special Case No. 16/2022 whereby appellants have been convicted and sentenced under Section 11(iv)/12 of POCSO Act to undergo rigorous imprisonment of one year with fine of Rs.500/-, with default stipulation. Additionally, appellant No. 1 - Omshankar has also been convicted under Section 341 of IPC to undergo simple imprisonment of one month with fine of Rs.200/-.

Learned counsel for the appellants argued that the Court below has wrongly appreciated the evidence and convicted the appellants. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that the appellants were on bail during trial and did not misuse the liberty so granted. This criminal appeal is likely to take long time to come up for final hearing and appellants have hope and believe that they would succeed, therefore, prayed to suspend the jail sentence of the appellants

till record is received.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, it is directed that subject to depositing of fine amount, if not already deposited, and on each of the appellants furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended for a period of three months from today

and they be released on bail.

List the case on 16.7.2024.

Meanwhile, Registry is directed to call the record of the Court below. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS