Azhar Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7562 MP

                                           1
               IN THE HIGH COURT OF MADHYA PRADESH
                                  AT GWALIOR
                               CRA No. 4717 of 2022
                         (Azhar Khan Vs. State of M.P.)

Dated : 02/06/2022

      Shri Sankalp Sharma - Advocate for the appellant.

      Shri A.K. Nirankari - Public Prosecutor for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence, it is admitted for final hearing.

Learned Public Prosecutor for the respondent/State accepts notice on behalf of

the respondent/State.

Record of the trial Court is available.

Heard on I.A. No.8649/2022, 1st application under Section 389 (1) of Cr.P.C.

for suspension of sentence and grant of bail moved on behalf of the appellant -

Azhar Khan.

This appeal has been preferred against the judgment dated 09/05/2022 passed

by Third Additional Sessions Judge/ Special Judge (POCSO Act), District- Vidisha

(M.P.) in SCATR No.130/2021, whereby the appellant has been convicted and

sentenced as under:-

              Sections                   Sentence      Fine (Rs.)       Default
                                                                      Stipulation
     3(1)(w)(i) of SC/ST Act            3 Years RI        500/-       1 Month RI
     3(1)(w)(ii) of SC/ST Act           3 Years RI        500/-       1 Month RI
     3(1)(2)(va) of SC/ST Act           3 Years RI        500/-       1 Month RI
        7/8 of POCSO Act                3 Years RI        500/-       1 Month RI

               IN THE HIGH COURT OF MADHYA PRADESH
                                   AT GWALIOR
                               CRA No. 4717 of 2022
                         (Azhar Khan Vs. State of M.P.)

       11/12 of POCSO Act                 1 Year RI          500/-        1 Month RI

Learned counsel for the appellant submits that appellant has been falsely

implicated in this case. He is not concerned with the case directly or indirectly. The

appellant has been wrongly convicted by the learned trial Court. Learned trial Court

has already suspended the jail sentence of appellant till 09/06/2022. The fine amount

has already been deposited by the appellant. Appellant is a permanent resident of

District- Vidisha (M.P.) and there are fair chances of success of this appeal. The

appeal is of the year 2022 which may take long time for its conclusion and the

appellant cannot be kept in custody for an unlimited period. Under these

circumstances, the execution of sentence be suspended and the appellant be released

on bail.

On the other hand, learned Public Prosecutor appearing on behalf of the

respondent/State opposed the bail application and prayed for rejection of this

application.

Keeping in view of the aforesaid submissions of learned counsel for the

parties and the fact that an early hearing of this case is not possible, I.A.

No.8649/2022 is allowed.

It is, therefore, directed that if appellant deposit the entire fine amount, if not

already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 4717 of 2022 (Azhar Khan Vs. State of M.P.)

Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction

of trial Court for his appearance before the Registry of this Court on 25th of July,

2022 and on such subsequent dates as may be fixed in this regard, sentence of

imprisonment awarded to him shall remain suspended till further orders and he shall

be released on bail.

IA No.8649/2022 is allowed and disposed of.

A copy of this order be sent to the trial Court concerned for necessary

compliance.

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

(DEEPAK KUMAR AGARWAL) V. JUDGE Shubhankar* SHUBHANKAR MISHRA 2022.06.03 12:11:05 +05'30'