Madhya Pradesh High Court
Shahrukh Khan vs The State Of Madhya Pradesh on 14 June, 2021
Author: Sheel Nagu
1
The High Court of Madhya Pradesh
Bench at Gwalior
Cra -4521-2020
(Shahrukh Khan Vs. State of M.P.& Anr.)
Gwalior, dated :14/06/2021
Shri F.A. Shah, Advocate for the appellant.
Shri A.K. Nirankari, learned Panel Lawyer, for respondent
No.1/State.
Learned counsel for the rival parties are heard.
I.A.13213/2020, first application for suspension of sentence moved
on behalf of sole appellant- Shahrukh Khan u/Sec.389 Cr.P.C. is taken up
and considered.
This criminal appeal assails the judgment dated 01.06.2019 passed in
Special Sessions Trial No.211/2016 by Special Judge (Atrocities), Gwalior
(M.P.), whereby appellant Shahrukh Khan has been convicted as under :-
Sections Imprisonment Fine
302/34 of IPC L.I. Rs.5,000/- with default
stipulation.
3(2)(5) Scheduled 01 Year's R.I. -----
Caste and Scheduled
Tribes (Prevention of
Atrocities) Act, 1989.
Learned counsel for the State opposed the appeal and prayed for its
rejection by contending that on the basis of the allegations and the material
available on record, no case for grant of suspension of sentence is made
out.
Prosecution story is based on circumstantial evidence in the shape of
last seen evidence where the appellant was last seen with the deceased. The
eye-witnesses have been disbelieved by the trial Court. The appellant has
suffered about 04 years and 11 months of incarceration as against life
imprisonment awarded.
In view of above and considering the fact that since the case is
based on circumstantial evidence, the possibility of acquittal of appellant in
this case cannot be ruled out and looking to second wave of Covid-19
pandemic which has paralyzed even tempo of life and also jails are
potential hotpots for spread of Covid-19 pandemic and that there is no
likelihood of early disposal of the appeal in near future, this Court is
inclined to grant bail to appellant- Shahrukh Khan by way of suspension of
sentence.
Accordingly, without expressing any opinion on merits,
I.A.13213/2020, is allowed and it is directed that the jail sentence of
appellant- Shahrukh Khan will remain under suspension subject to
verification that the amount of fine has been deposited, on the appellant's
furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with
two solvent sureties of the like amount to the satisfaction of concerned
available Magistrate for his appearance before the concerned available
Magistrate on 17/11/2021 and on such further dates as may be fixed by him
which shall be of frequency not less than once a year.
In case, appellant is found absent on any date fixed by the concerned
Magistrate then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the matter
to this Court, provided the Registry of this Court is kept informed.
The learned concerned Magistrate and the prosecution are directed to
ensure following of Covid-19 precautionary protocol prescribed from time
to time by the Supreme Court, the Central Govt. and as well as the State
Govt during release, travel and residence of the appellant during period of
suspension of sentence as a consequence of this order.
A copy of this order be sent to the Court concerned for information.
C.c. as per rules.
(Sheel Nagu) (Anand Pathak)
Judge Judge
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YOGENDRA OJHA
2021.06.16 11:05:59
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00'
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