Banti Kushwah vs The State Of Madhya Pradesh
2024 Latest Caselaw 16291 MP

Madhya Pradesh High Court

Banti Kushwah vs The State Of Madhya Pradesh on 30 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 1857 of 2019 (BANTI KUSHWAH Vs THE STATE OF MADHYA PRADESH)

Dated : 30-05-2024 Shri Sooraj Bhan Lodhi, Advocate for appellant.

Shri Ajay Kumar Nirankari, Public Prosecutor for State. Heard o n I.A. No. 7687/2024, which is seventh application filed on behalf of appellant -Banti Kushwah, under Section 389 (1)of Cr.P.C. for suspension of sentence.

The present appellant stands convicted for the offence punishable under

Section 376(I) of IPC and sentenced to undergo 14 years' R.I. with fine of Rs.5,000/- with default stipulations vide impugned judgment dated 07.02.2019 passed by Fifth Additional District Judge/Special Judge (POCSO Act) 2012, Gwalior in S.C. No.32/2016.

Allegation against the appellant in short is that on 17.12.2015 at about 1:30 PM, complainant in her Courtyard was washing clothes and her husband had gone out for work. The appellant came and enticed her 8 year old daughter who was playing outside by giving Rs.10/- for purchasing biscuits and took her along with him to his place where he tried to subject her to forceable sexual

intercourse. After coming back of husband of complainant to home, she, her daughter and her husband went to the Madhoganj Police Station and lodged FIR as Ex.P-4, upon which crime no.590/2015 was registered. After due investigation, charge-sheet was filed and upon critical evaluation of record, learned Trial Court convicted and sentenced the appellant as aforesaid.

Learned counsel for the appellant submits that present application is filed only on the ground of custody. Appellant has already undergone incarceration

of 10 years out of total sentence of 14 years. At the time of incident, he was 21 years of age. The appeal is of the year 2019 and final hearing would likely to take long time. Hence, on such grounds, learned counsel prays for suspension.

Learned Public Prosecutor opposes the prayer and prays for its rejection. Considering the overall facts and circumstances of the case, so also the fact that the appellant has suffered jail sentence of 10 years and the fact that final conclusion of the appeal will still take sufficient long time, we deem it proper to suspend the remaining custodial sentence of the present appellant. Accordingly, I.A. No.7687 of 2024 s tand s allowed. The execution of remaining jail sentence of the appellant-Banti Kushwah 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.1,00,000/- (Rupees One Lac 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 12.08.2024 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)                                   (SANJEEV S KALGAONKAR)
                                 JUDGE                                                  JUDGE

                           Rohit