Nisar Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1699 MP

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        THE HIGH COURT OF MADHYA PRADESH
                          Cr.A. No.4037/2018
                      Nisar Khan Vs. State of M.P.

Gwalior, Dated : 30.04.2021

      Shri Dharmendra Singh Chauhan, learned counsel for the

appellant.

      Shri B.P.S. Chauhan, learned Public Prosecutor for the

respondent/State.

Matter is heard through video conferencing.

This Criminal appeal assails the judgment dated 9/5/2018 passed

in Sessions Trial No.15/2017 by the Special Judge (POSCO Act), Karera

District Shivpuri (M.P.), whereby the appellant- Nisar Khan has been

convicted and sentenced as under:-

      Section         Sentence           Fine          In default
      366 of IPC      5 Years RI         Rs.2,000/-    3 months RI
      376(2) of       12 years RI        Rs.5,000/-    6 months RI
      IPC

I.A.No.4754/2020, fourth application for suspension of jail

sentence and grant of bail moved by appellant -Nisar Khan, is taken up

and considered.

It is submitted by learned counsel for the appellant- Nisar Khan

that the trial Court has wrongly convicted the appellant. There are lots of

contradictions and omissions in the evidence of the prosecution

witnesses. Appellant is aged around 21 years. He is in custody since last

more than three years. This is the fourth application for suspension of jail

sentence and grant of bail on behalf of appellant -Nisar Khan. Last

application for suspension of his jail sentence was dismissed as

withdrawn on 14/2/2020. It is further submitted that statement given by

the father of the prosecutrix reflects that at the time of admission of the

prosecutrix, the father of the prosecutrix did not produce any

documentary evidence in respect of the fact that the prosecutrix is

juvenile. Therefore, statements of the father of the prosecutrix is

ambiguous. There is no possibility of final hearing of this case in near

future looking to the present COVID-19 pandemic. Hence, learned

counsel prays for suspension of jail sentence and grant of bail to

appellant- Nisar Khan.

Per contra, learned State counsel has vehemently opposed the

submissions and prayed for rejection of the application filed for

suspension of jail sentence and grant of bail to appellant.

Heard learned counsel for the parties at length and considered the

arguments advanced by them and perused the material documents

available on record.

Considering the short period of custody and gravity of offence,

without commenting on merits of the case, at this stage, it is not

appropriate to suspend the jail sentence and grant bail to the appellant-

Nisar Khan. Hence, present I.A.No.4754/2020 stands rejected.

                              (Sheel Nagu)                (Rajeev Kumar Shrivastava)
                                 Judge                              Judge
pwn*Pawan Kumar
    2021.05.01
      15:27:12
      +05'30'