Madhya Pradesh High Court
Imran @ Vikki Sheikh vs The State Of Madhya Pradesh on 19 December, 2022
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9021 of 2022
(IMRAN @ VIKKI SHEIKH Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 19-12-2022
Shri Sanjay Sharma, learned counsel for the appellant.
Ms. Nalini Gurung, learned Government Advocate for the respondent
no.1/State.
Heard on I.A. No.24266/2022, application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail to appellant pending the
appeal.
Appellant has been convicted for commission of offence under Sections
457, 354 r/w Section 3(II)(va) of IPC, 3(1)(w)(1) of SC/ST (Prevention of
Atrocities) Act and Section 8 of the POCSO Act and has been sentenced to
undergo R.I. for 3 years and fine of Rs.1000, R.I. for 3 years and fine of
Rs.1000/-, R.I. for 2 years and fine of Rs.1000/- and R.I. for 3 years and fine
of Rs.1000/- respectively with default stipulations vide judgment dated
21.09.2022 delivered by Special Judge POCSO Act District Balaghat in
SCATR No.33/2019( State of M.P. Vs. Imran @ Vikki Sheikh).
Learned counsel for the appellant has submitted that appellant has not
committed any offence. He has been wrongly convicted by the trial Court.
During the course of trial, the appellant was on bail and he has not misused the
liberty granted to him by way of bail. The appellant has fair chance to succeed
in the appeal. There is no possibility of hearing of this appeal in near future.
Therefore, if the execution of jail sentence of appellant is not suspended, the
purpose of filing this appeal would become futile. Therefore, it has been prayed
that the execution of jail sentence of appellant be suspended and he be released
Signature Not Verified
Signed by: BIJU BABY
Signing time:
12/20/2022 11:50:28 AM
on bail.
On the other hand, learned counsel for the respondent/State has opposed
the grant of bail to the appellant.
Having considered the short nature of sentence and the fact that there is
no possibility of hearing of this appeal in near future, I am inclined to suspend
the remaining jail sentence of the appellant.
Consequently,I.A. No.24266/2022 is allowed. The execution of jail
sentence of appellant-Imran @ Vikki Sheikh is hereby suspended subject to
depositing the fine amount, if not already deposited. It is directed that the
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 of the like
amount to the satisfaction of the trial court with a further direction to appear
before the trial Court on 12.5.2023 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
b
Signature Not Verified
Signed by: BIJU BABY
Signing time:
12/20/2022 11:50:28 AM
