Shahrukh Beg vs The State Of Madhya Pradesh
2022 Latest Caselaw 1651 MP

           The High Court Of Madhya Pradesh

                        CRA No. 982 of 2022
        (SHAHRUKH BEG Vs THE STATE OF MADHYA PRADESH AND OTHERS)



                                      (1)



Gwalior, Dated : 04-02-2022
Heard through Video Conferencing.

      Shri Navnidhi Parharya, learned counsel for appellant.

      Shri Rajesh Shukla, learned Dy. Advocate General for

respondent/State.

Appeal being arguable is admitted for hearing.

Record of the Trial Court be called for.

This criminal appeal assails the judgment dated 14/01/2022

passed in SC No. 68/2019, by Special Judghe (POCSO Act) Morena

(M.P.) whereby the appellant has been convicted as under. :-

         Section         Imprisonment                 Fine
    354/34 IPC          Three         years' Rs.2000/- with default
                        R.I.                 stipulation
    341 IPC                     ---  Rs.500/- with default
                                     stipulation

I.A.No.1590/2022, an application for grant of suspension of

sentence moved on behalf of appellant is taken up and considered.

Learned counsel for the appellant submits that

accused/appellant was on bail during trial. Learned counsel for the

appellant submits that sentence imposed against co-accused Shahzad

Khan has already been suspended vide order dated 02/02/2022

passed in Cr.A No. 934/2022 by this Court. Disposal of appeal shall

take considerable time, therefore, he prays for suspension of

sentence and grant of bail to the appellant.

Per contra, learned Dy. Advocate General for the The High Court Of Madhya Pradesh

CRA No. 982 of 2022 (SHAHRUKH BEG Vs THE STATE OF MADHYA PRADESH AND OTHERS)

respondent/State opposed the prayer and prayed for dismissal of

this application.

Keeping in view, the facts and circumstances of the case,

particularly, having regard to the facts that sentence of co-accused

Shahzad Khan has already been suspended by this Court, the

appellant has remained bail throughout trial, but without expressing

any opinion on merits, the application for suspension of sentence is

allowed.

It is directed that jail sentence of appellant will remain under

suspension subject to depositing fine amount and on his furnishing

personal bond of Rs.50,000/- (Rs. Fifty thousand only) with two

solvent sureties of the like amount to the satisfaction of the

concerned trial Court, for his appearance before the Registry of this

Court on 18/04/2023 and thereafter on all subsequent dates as may

be fixed by the office.

Application (I.A.No.1590/2022) stands disposed of.

E-copy/Certified copy as per rules/directions.

(Satish Kumar Sharma) Judge Prachi*

PRACHI MISHRA 2022.02.04 16:27:34 +05'30'