Shahrukh @ Chiku vs The State Of Madhya Pradesh
2023 Latest Caselaw 6898 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 1124 of 2018
                                           (SHAHRUKH @ CHIKU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-04-2023
                                 Shri Ayushyaman Choudhary, learned counsel for the appellant

                                 Shri G. S. Chouhan, Govt. Advocate appearing on behalf of Advocate
                          General.


                                 Heard on I.A.No.4371/2023, which is the third repeat application filed
                          under Section 389(1) of the Cr.P.C. for suspension of jail sentence of the

                          appellant-Shahrukh @ Chiku s/o Anis Khan.
                                 The appellant has been convicted vide judgment dated 04.01.2018 passed
                          in Special S.T.No.28/2017 by the Second Additional Sessions Judge, Dhar for
                          offence punishable under Sections 363, 366-A, 376 (2)(N), 506(2) of the IPC
                          and under Sections 5(m)/6 of the POCSO Act and sentenced him to undergo 7
                          yrs R.I. , 7 yrs, life imprisonment, 7 yrs, and Life imprisonment with fine of
                          Rs.1,000/-, 2000/-, Rs.10,000/-, Rs.2000/-, and Rs. 10,000/- with usual default
                          stipulation.
                                 Appellant's earlier applications-I.A.Nos.864/2018 and 27767/2021 have

                          already been dismissed      as withdrawn by this Court vide its order dated
                          6.4.2018 and 13.12.2021 respectively.
                                 Counsel for the appellant has already suffered more than five years and it
                          is also submitted that looking to the MLC of the prosecutrix, wherein Dr.
                          Antimbala (P.W.9) has also found that the hymen of the prosecutrix to be
                          intact, it is not a case where the life imprisonment can be awarded to the
                          appellant. In such circumstance, the application be allowed and the jail sentence
                          of the appellant be suspended.
Signature Not Verified
Signed by: MONI RAJU
Signing time: 4/27/2023
5:16:43 PM
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                                 Counsel for the respondent/State has opposed the prayer.

On considering the aforesaid submissions, on perusal of the record, this Court finds force with the submissions advanced by the counsel for the appellant and considering the period of incarceration. Accordingly, the application I.A.No.4371/2023 stands 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 17.07.2023 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Certified copy, as per rules.

                             (SUBODH ABHYANKAR)                                       (PRANAY VERMA)
                                   JUDGE                                                  JUDGE

                          moni




Signature Not Verified
Signed by: MONI RAJU
Signing time: 4/27/2023
5:16:43 PM