Sallu @ Najamuddin Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 5756 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                              CRA No. 8045 of 2021
               (SALLU @ NAJAMUDDIN KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 20-04-2022
      Mr.K.N.Fakhruddin and Mr.Ankit Sisodiya, learned counsel for the

appellant.
      Mr.Shikha Baghel, learned Panel Lawyer for the respondent/State.

Heard on the question of admission. The appeal is admitted for hearing. Considered I.A.No.23054/2021, which is first application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of the

appellant.

By the impugned judgment dated 13.2.2021 passed by the Special Judge, POCSO, Bhopal in Special Case No.348/2021 the appellant has been convicted under sections 363, 366, 376(2)(n) of IPC and under sections 5/6 of POCSO Act and sentenced to undergo R.I. for 3 years, 7 years, 10 years with fine of Rs.1,000/- , Rs.2,000/-, Rs.10,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The prosecutrix has not supported the prosecution case. The prosecutrix was major. The appellant is in

custody since the date of judgment. The appellant was on bail during trial. Medical documents do not support the prosecution case. The final disposal of this appeal would take considerable time. Hence, prayer has been made to suspend the sentence of the appellant and grant him bail.

Learned Panel Lawyer has opposed the prayer for suspension of sentence. Considering the over all facts and circumstances of the case, the prosecutrix was not below 16 years of age; statement of her father; FSL is negative; final disposal of this appeal would take considerable time; the appellant is in custody since the date of judgment; and he was on bail during trial also, without commenting on merits of the case, the application is allowed.

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

trial Court concerned, the custodial sentence of appellant-Sallu Najamuddin Khan shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.8.2022 and on such other dates as may be fixed in this regard during pendency of this appeal.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.04.20 19:09:03 IST