Madhya Pradesh High Court
Manoj Kushwah vs The State Of Madhya Pradesh on 16 October, 2019
Author: Anand Pathak
Bench: Anand Pathak
1
THE HIGH COURT OF MADHYA PRADESH
Criminal Appeal No.5576/2019
(Manoj Kushwaha Vs. State of M.P.)
Gwalior, dated : 16.10.2019
Shri S.K. Mishra, learned counsel for the appellant.
Shri Ravindra Sharma, learned Public Prosecutor for the
respondent/State.
Heard on admission. Record perused.
The appeal is admitted for final hearing.
The present appeal under Section 374 of Cr.P.C. has been filed by the appellant against the order dated 11.06.2019, passed in Special Sessions Trial No.18/2019, by the trial Court, whereby the appellant has been convicted under Section 376 of IPC and sentenced to undergo RI ten years with fine of Rs.2000/-, Section 366 of IPC and sentenced to undergo RI four months with fine of Rs.2000/- and Section 506 Part II of IPC and sentenced to undergo RI one year with fine of Rs.1000/- with default stipulations.
Heard on I.A. No.5717/2019, an application suspension of sentence filed on behalf of the appellant.
It is submission of the learned counsel for the appellant that false case has been registered against him. Trial Court erred in convicting the appellant and awarded jail sentence. Prosecutrix is aged about 21 years and she left her maternal home on her own volition. Statement of prosecutrix is not implicative in nature and bears improbable story. Prosecutrix was left alone regularly by the appellant whenever he used to go to earn livelihood without raising 2 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5576/2019 (Manoj Kushwaha Vs. State of M.P.) any alarm and thereafter, returned back. Hearing of appeal will take time and he has a strong case on merits. He undertakes to cooperate in the trial/investigation and would available as and when required and he would not be source of embarrassment and harassment of complainant party in any manner. Therefore, suspension of sentence may be allowed.
Learned Public Prosecutor for the State opposed the prayer and prayed for its rejection.
Heard learned counsel for the parties and record perused. Considering the overall facts and circumstance of the case and looking to the submissions and undertaking as given above, without commenting on the merits of the case as there is no possibility of early hearing of this criminal appeal before this Court, I.A.5717/2019 is allowed and it is ordered that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) by appellant with a solvent surety of the like amount to the satisfaction of the concerned trial Court, appellant's jail sentence shall remain suspended till disposal of this appeal and he be released on bail. The appellant is further directed to remain present before the Registry of this Court on 09.12.2019 and, thereafter, on such subsequent dates as may be fixed by the Registry.
As per the undertaking given by counsel on behalf of the appellant, it is hereby directed that appellant shall plant 10 saplings 3 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5576/2019 (Manoj Kushwaha Vs. State of M.P.) (either fruit bearing trees or Neem/ Peepal) alongwith tree guards or has to make arrangement for fencing for protection of the trees because it is the duty of the appellant not only to plant the saplings but also to nurture them. ^^o`{kkjksi.k ds lkFk] o`{kkiks"k.k Hkh vko';d gSA^^ He shall plant saplings/ trees preferably of 6-8 ft., so that they would grow into full fledged trees at an early time. For ensuring the compliance, he shall have to submit all the photographs of plantation of trees/saplings before this Court alongwith a report within 30 days from the date of release of the appellant. Thereafter, the progress reports shall be submitted by the appellant before this Court on expiry of every two months (for two years).
Any default on behalf of appellant in plantation or caring of trees shall disentitle the appellants from enjoying the benefit of bail.
The appellant shall be at liberty to plant these saplings/ trees at Pitravan near Crocodile Century Deori, Morena if he intends to protect the trees on his owncost by providing tree guards or fencing and he may plant the saplings at the place i.e. at Pitravan near Crocodile Century Deori, Morena for which applicant shall have to bear necessary expenses for plantation of the trees and their measures for safeguard.
This direction is made by this Court as a test case to 4 THE HIGH COURT OF MADHYA PRADESH Criminal Appeal No.5576/2019 (Manoj Kushwaha Vs. State of M.P.) address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.
"It is not the question of Plantation of a Tree but the Germination of a Thought."
A copy of this order be sent to the trial Court concerned for compliance.
List the matter for final hearing in due course.
(Anand Pathak) Judge Rashid RASHID KHAN 2019.10.17 13:41:37 +05'30'