Salman Shah vs The State Of Madhya Pradesh
2022 Latest Caselaw 3405 MP

                                       1                 Cr.A. No. 1341-2021

    THE HIGH COURT OF MADHYA PRADESH, BENCH INDORE
                        Cr.A. No. 1341-2021
             ( Salman Shah Vs. State of Madhya Pradesh )
Indore, Dated: 10.03.2022
       Shri K.K. Gupta, learned counsel for the appellant.
       Shri Bhaskar Agrawal, learned counsel for the respondent/State.

Heard on the question of admission.

Appeal is admitted for hearing.

Also heard on I.A.No.19076/2021, which is an application under

Section 389(1) of the Cr.P.C. for suspension of jail sentence of the

appellant.

The appellant has been convicted vide judgment dated 9.12.2020

passed in S.T.No.217/2019 and sentenced him as under:-

      Conviction                              Sentence
  Section        Act      Imprisonment           Fine        Imprisonment
                                                             in lieu of fine
 376(2)(N)      IPC        10 years RI        Rs.1000/-       2 months RI
    366       IPC       03 years RI     Rs.1,000/-      2 months RI

Counsel for the appellants has submitted that the appellant is in jail

since 5.4.2019 and as such he has completed around three years of

incarceration, out of 10 years R.I. It is further submitted that the

prosecutrix was major at the time of the incident and a consenting party and

it is also apparent from her deposition recorded in the trial court that she has

travelled with the appellant in various places and has also resided with him

and has not raised any objection or any alarm regarding the offence which

is committed by the appellant. It is submitted that although the age of the

prosecutrix was 18 years at the time of the incident however, no cogent

document has been filed to prove the age of the prosecutrix. Thus, it is

prayed that custodial sentence of the appellant be suspended during the

pendency of this criminal appeal.

Counsel for the State, on the other hand, has opposed the prayer and

prayed for its rejection.

Considering the rival contentions of the parties, without commenting

on the merits of the case, this Court finds force with the contention raised

by the counsel for the appellant. Thus, it would be expedient to suspend the

jail sentence of all the appellant. Accordingly, the application

I.A.No.19076/2021 is allowed.

It is directed that on furnishing a personal bond by the appellant in

the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a

solvent surety in the like amount to the satisfaction of the learned trial

Court, for his regular appearance before concerned trial Court, the

execution of the custodial part of the sentence imposed against the appellant

shall remain suspended, till the final disposal of this appeal.

The appellant after being enlarged on bail, shall mark his presence

before the concerned trial Court on 13.05.2022 and on all such subsequent

dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

                                                              (Subodh Abhayankar)
moni                                                              JUDGE

       Digitally signed by MONI RAJU
       Date: 2022.03.10 16:55:56
       +05'30'