Madhya Pradesh High Court
Nafis Khan vs The State Of Madhya Pradesh on 23 October, 2021
Author: Rajendra Kumar Srivastava
1 CRA-4791-2021
The High Court Of Madhya Pradesh
CRA-4791-2021
(NAFIS KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 23-10-2021
Heard through Video Conferencing.
Shri Y.K. Gupta, learned counsel for the appellants.
Shri Sheshraj Kushwaha, learned P.L. for the respondent/State.
Record of the Court below is available.
Heard on the question of admission.
This appeal is admitted for final hearing.
Also heard on I.A. No.14858/2021, an application for suspension of
sentence and grant of bail to the appellants-Nafis Khan and Aamana Bi
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellants/accused against judgment dated 02/08/2021
passed by learned XXIIIth Addl. Sessions Judge/Special Judge (PACSO),
Bhopla, District-Bhopal (MP) in S.T.No.425/2019, by which the appellants
have convicted for offence under Section 323 of IPC and have been
sentenced to undergo R.I. for 4 months with fine of Rs. 1,000/-, under
Section 354 of IPC and have been sentenced to undergo RI for 1 year with
fine of Rs. 1000/- Section 7/8 of POCSO Act, 2012 and have been sentenced
to undergo R.I. for 1 year with fine of Rs. 1000/- with default stipulations.
Learned counsel for the appellants/accused submits that learned trial
c o u r t committed grave error in convicting and sentencing to the
appellants/accused. Learned trial court did not appreciate the evidence in
perspective way. Learned trial Court has already suspended the execution of
jail sentence of accused/appellants and granted bail. This appeal is of year
2021 and hearing of this appeal will take time to conclude the same. There is
fair chance to succeed in the appeal. There is no likelihood of their
absconding and tampering with the evidence. Under the circumstances, if the
Signature Not Verified
SAN
sentence of the appellantsare not suspended, their right to file appeal will be
Digitally signed by KUNDAN SHARMA
Date: 2021.10.27 12:12:15 IST
2 CRA-4791-2021
futile. Hence, prayer is made for suspension of execution of his jail sentence
and grant of bail to the appellants/accused.
Learned Panel Lawyer has opposed the application and prayed for its
rejection.
Having considered the arguments advanced by learned counsel for the
parties, on perusal of the record and the fact that learned trial Court has
already suspended the execution of jail sentence of appellants and granted
bail, this appeal is of year 2021, final hearing of this appeal will take time, but
without commenting anything on the merit of the case, the said I.A. No.
14858/2021 is allowed.
It is ordered that subject to payment of fine amount, if not already
deposited, the execution of jail sentence of the appellants-Nafis Khan and
Aamna Bi shall remain suspended during the pendency of this appeal and
they be released on bail on their furnishing a personal bond for a sum of
Rs.50,000/-(Rupees Fifty Thousand Only) each with one solvent surety in
the amount to the satisfaction of the trial Court for their appearance before the
trial court on 12/01/2022 and thereafter on all other such subsequent dates,
as may be fixed by the trial court in this regard.
In case, the appellants are found absent on any date fixed by the trial
court then the said court shall be free to issue and execute warrant of arrest
without referring the matter to this Court, provided the Registry of this Court
is kept informed.
List this matter for final hearing in due course, as per listing policy.
C.C. as per rules
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
kundan
Signature Not Verified
SAN
Digitally signed by KUNDAN SHARMA
Date: 2021.10.27 12:12:15 IST
