Sarvar Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6098 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  CRA No. 3732 of 2022
                                                         (SARVAR KHAN Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 25-04-2022
                                         Shri Ashish Tiwari, learned counsel for the appellant.

                                         Shri Satpal Chadar, learned Government Advocate for the respondent/State.

Shri Chadar, learned Government Advocate takes notice on behalf of the respondent/State. Now there is no need to issue further notice to the respondent/State.

Call for the trial Court record.

Heard on I.A.No.6934/2022, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail pending the appeal.

T he appellant has been convicted for commission of offence punishable under Section 354-D of IPC and has been sentenced to undergo 1 years S.I and fine of Rs.1000/- with default stipulations by Special Judge (POCSO) Act, District- Tikamgarh vide judgement dated 9.4.2022 passed in Special Case No.123/2018 (State of M.P. Vs. Sarvar Khan).

Learned counsel for the appellant has submitted that appellant has been released on bail by the trial Court till 9.5.2022 and during course of trial, he was on

bail and has not misused the liberty granted to him by way of bail. He further submitted that the evidence of prosecution witnesses is full of omissions, contradictions and discrepancies. He has fair chances to succeed in appeal. Therefore, it has been prayed that the appellant be released on bail.

O n the other hand, learned Government Advocate has opposed the application for grant of bail to appellant.

I have gone through the impugned judgment and the finding recorded by the learned trial Judge. Appellant was on bail during trial and even after conviction, Trial Court has released the appellant on bail. He has not misused the liberty granted to him by way of bail. Appellant has been convicted with maximum sentence of 1 years S.I.. There is no possibility of hearing of this appeal in near Signature Not Verified SAN future. Therefore, having taken into consideration the arguments advanced by learned counsel for the appellant and the finding recorded in the impugned Digitally signed by DEEPA MISHRA Date: 2022.04.25 15:46:43 IST

judgment, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A.No.6934/2022 is allowed. The execution of jail sentence o f appellant- Sarvar Khan is hereby suspended subject to depositing the fine

amount, (if not already deposited). It is directed that appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of t h e trial court with a further direction to appear before the trial Court on 15.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2022.04.25 15:46:43 IST