Anish Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 5531 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                              CRA No. 2025 of 2022
               (ANISH KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 18-04-2022
      Mr. M.K. Pandey, learned counsel for appellant no.2.

      Ms. Shanti Tiwari, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Heard on I.A.3550/2022, which is first application under section

389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant no.2 Rahman Khan.

By the impugned judgment dated 15.02.2022 passed by Special Judge (POCSO) Panna in Sessions Trial No.36/2017 the appellant no.2/applicant has been convicted for offences under sections 363, 366 (k), 376(2)(n)/109 and 342 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.500, R.I. for 5 years with fine of Rs.500/-, R.I. 10 years with fine of Rs.500/- and R.I. for 3 months with fine of Rs.500/- respectively with default stipulations.

Learned counsel for the applicant submitted that applicant is innocent

and has been falsely implicated in the crime in question. The applicant is in custody since 15.02.2022. He has been on bail during trial and has not misused the liberty of bail granted to him. Final disposal of instant appeal would take considerable time. Hence, prayer has been made to suspend the jail sentence of the applicant and grant him bail.

Learned Panel Lawyer has opposed the prayer for bail. Looking to the allegation made against present applicant Rahman Khan and also considering that the main accused was applicant Anish Khan, who committed rape with the victim, but without commenting on merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to

the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellant - Rahman Khan shall remain suspended during the pendency of this case and he shall be released on bail.

The appellant Rahman Khan shall appear before the trial Court

concerned on 18.08.2022 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rv

Signature Not Verified SAN

Digitally signed by REENA HIMANSHU SHARMA Date: 2022.04.19 17:17:41 IST