Madhya Pradesh High Court
Mainuddin Khan @ Suraj vs The State Of Madhya Pradesh on 12 September, 2022
Author: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7901 of 2022
(MAINUDDIN KHAN @ SURAJ Vs THE STATE OF MADHYA PRADESH)
Dated : 12-09-2022
Mr. U.S. Jaiswal, learned counsel for the appellant.
Mr. Anoop Sonkar, learned Panel Lawyer for the respondent/State.
Heard on I.A. No.16932 of 2022, which is an application filed by the appellant
under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.
The appellant has been convicted by the impugned judgment passed by the trial
Court for offences punishable under Sections 354, 354 gha (i) and 451 of the IPC and
Section 7/8 of the Protection of Children from Sexual Offences Act and has been
sentenced to undergo RI for 3 years (fine Rs.1,000/-); RI for 3 years (fine Rs.2,000/-
); RI for 2 years (fine Rs.1,000/-) and RI for 3 years (fine Rs.2,000/-) with default
stipulation.
Learned counsel for the appellant submits that the trial Court has not
appreciated the evidence on record in proper perspective and hence arrived at
erroneous findings. There are material contradiction and omission in the testimonies
of the witnesses. The sentence of the appellant has been suspended till 29.09.2022 by
the trial Court and the final disposal of this appeal would take considerable time,
therefore, the jail sentence of the appellant may be suspended and he may be released
on bail.
Learned Panel Lawyer for the State has opposed the application for suspension
of sentence and grant of bail.
Although record is yet to be received, however, looking to the nature of offence
and testimonies of the witnesses, facts and circumstances of the case as well as the fact
that disposal of this appeal would take considerable time, without commenting on
merits of the case, I deem it appropriate to suspend the jail sentence of the appellant
and to release him on bail. Therefore, without commenting on the merits of the case,
this application is allowed.
I t is directed that execution of remaining jail sentence of the appellant
Mainuddin Khan @ Suraj shall remain suspended and he shall be released on bail on his
furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only)
with a surety in the like amount to the satisfaction of the trial Court concerned for his
appearance before the Registry of this Court on 13.02.2023 and on such other dates as
may be fixed in this regard during pendency of this appeal.
Let the record of the Court below be requisitioned.
List the case after three months for orders on admission.
(SMT. ANJULI PALO)
JUDGE
ks
Digitally signed by
KOUSHALENDRA SHARAN
SHUKLA
Date: 2022.09.13 06:43:42 -07'00'
