Shahrukh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16352 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5849 of 2021 (SHAHRUKH Vs THE STATE OF MADHYA PRADESH)

Dated : 09-12-2022

Shri B.K. Upadhyay, learned counsel for appellant.

Shri Gopal Jaiswal, learned P.L. for State.

I.A. No.4551/2022, first application u/S.389(1) Cr.P.C. for suspension of jail sentence and grant of bail moved by appellant is taken up and considered.

This criminal appeal assails the judgment dated 09.01.2020 passed in ST No.11/2019 by IInd ASJ/Special Judge POCSO Act, Itarsi, District Hoshanabad whereby appellant has been convicted u/S 5(L)/6 of POCSO Act and sentenced to RI for 10 years with fine of Rs.500/- and u/S.323 of IPC and sentenced to RI 1 year, with default stipulation.

It is submitted by learned counsel for appellant that there is no possibility of the appeal coming up for final hearing in near future, hence, the appellant may be benefited by suspension of sentence.

Learned counsel for State opposed the bail application 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 bail is made out.

Without considering the question on merits, it is noticed that appellant has suffered about 4 years and 2 months of incarceration as against 10 years RI inflicted.

In view of above and the decision of Apex Court in the case of Kamal Singh Vs. State of Haryana reported in (2006) 1 SCC (Cri) 757, I.A. Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 12/9/2022 7:01:14 PM

No.4551/2022 is allowed.

It is directed that the jail sentence of the appellant- Shahrukh will remain under suspension subject to the 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 CJM concerned for his appearance before the concerned CJM on 18.01.2023 and on such further dates as may be fixed by him which shall be of frequency not less than once a year.

In case, the appellant is found absent on any date fixed by the concerned C.J.M., then the said C.J.M. 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.

C.C. as per rules.

(SHEEL NAGU) JUDGE

Biswal

Signature Not Verified Signed by: SHIBA NARAYAN BISWAL Signing time: 12/9/2022 7:01:14 PM