Madhya Pradesh High Court
Jitendra Kushwah vs The State Of Madhya Pradesh on 1 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-9168-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9168 of 2023
(JITENDRA KUSHWAH Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 01-10-2024
Shri A.K.Jain - Advocate for the appellant.
Shri A.K.Nirankari - Public Prosecutor for the respondent/State.
Heard on I.A.No.543/2024, first application under Section 389 of
Cr.P.C. for suspension of jail sentence and grant of bail on behalf of sole
appellant- Jitendra Kushwah.
2. This Criminal Appeal has been preferred under Section 374 (2) of
the Cr.P.C. against the judgment of conviction and order of sentence dated
08.07.2023 passed by the Special Judge, S.C.S.T. (P.A.) Act, 1989, Guna
(Madhya Pradesh) in SPL Case SC ATR No.4/2022, whereby present
appellant has been convicted under Section 366 of IPC read with Section 3
(2)(v) of SCST Act and sentenced to undergo life imprisonment with fine of
Rs.5000/- and under Section 376 of IPC read with Section 3(2)(v) of SCST
Act and sentenced to undergo life imprisonment with fine of Rs.5,000/- with
default stipulation.
3. It is the submission of learned counsel for the appellant that trial
Court erred in convicting the appellant and awarding jail sentence. FIR is
delayed by around 45 days and still semen was found over vaginal swab and
garments of the prosecutrix. It is highly improbable. This itself indicates the
nature of allegation. It was a case of consent prima facie and/or detected
adultery. Appellant has already suffered two years and eight months' pre
2 CRA-9168-2023
and post trial confinement. It is further submitted that hearing of this appeal
will take time and the appellant has good case on merits. He further
undertakes to abide by all the terms and conditions as imposed by this Court
and would not be a source of embarrassment or harassment to the
complainant side in any manner. Therefore, he may also be given the benefit
of suspension of sentence and grant of bail.
4. Learned counsel for the State opposed the prayer made by the
counsel for the appellant and prays for rejection of application.
5. Considering the facts and circumstances of the case as well as
arguments advanced by counsel for the parties, this Court is inclined to grant
suspension of sentence to the appellant. Hence, without commenting on the
merits of the case, application is allowed and it is ordered that on 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 jail sentence of appellant - Jitendra Kushwah shall remain
suspended till disposal of this appeal and he be released on bail subject to
deposit of fine, if not already deposited. He is further directed to remain
present before the Registry of this Court on 16.12.2024 and, thereafter, on
such subsequent dates as may be fixed by the Registry.
6. Appellant shall not be source of embarrassment and harassment to
the complainant party in any manner and he shall not move in their vicinity.
Copy of this order be sent to the trial Court concerned for information and
necessary compliance. Certified copy as per rules.
7. I.A. No.543/2024 is allowed and stands disposed of.
3 CRA-9168-2023
8 . Copy of this order be sent to the trial Court concerned for
compliance for the office of this Court.
Certified copy as per rules.
(ANAND PATHAK) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
SP
