Madhya Pradesh High Court
Shahrukh vs The State Of Madhya Pradesh on 24 November, 2022
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 10290 of 2022
(SHAHRUKH Vs THE STATE OF MADHYA PRADESH)
Dated : 24-11-2022
Mr. Yash Sharma - Advocate counsel for the appellant.
Mr. I.S. Ashtana - Panel Lawyer for the respondent-State.
Admit.
Heard on I.A. No.17269 of 2022, which is first application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the
appellant.
This Criminal Appeal assails the judgment dated 29.10.2022 passed in
Special Sessions Trial No.17/2017 by Special Judge (M.P.D.V.P.K. Act),
Karera, District Shivpuri (M.P.) whereby, appellant stood convicted under
Section 399 IPC read with Section 11/13 of M.P.D.V.P.K. Act, Section 400
IPC read with Section 11/13 of M.P.D.V.P.K. Act and Section 402 IPC read
with Section 11/13 of M.P.D.V.P.K. Act and sentenced to undergo rigorous
imprisonment of five years with fine of Rs.1,000/-, five years with fine of
Rs.1,000/- and five years with fine of Rs.1,000/- respectively with default
stipulation.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the appellant without proper appreciation of facts of the case. He
further submits that the independent witnesses have not supported the case of
the prosecution. It is further submitted that appellant has already suffered two
months of incarceration out of total jail sentence of five years and final hearing
of this appeal will take long time. Hence, prayed to suspend the jail sentence
and grant of bail to the appellant.
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 11/25/2022
10:08:21 AM
Counsel for the State vehemently opposed the application and prayed for
its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments rendered by learned counsel for the appellant
as well as facts and circumstances of the case, without commenting on merits
of the case, I.A.No. 17269 of 2022 is hereby allowed. Subject to depositing of
fine amount, if not already deposited, and on furnishing personal bond of
Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like
amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of the appellant shall remain suspended and he be released on bail.
The appellant is further directed to mark his appearance before the Office of
this Court on 04/01/2023 and on subsequent dates given by the Office in this
regard, till final disposal of this appeal.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
(LJ*)
Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 11/25/2022
10:08:21 AM
