Wahid Shah vs The State Of Madhya Pradesh
2023 Latest Caselaw 12907 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 5633 of 2022
                                        (WAHID SHAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 09-08-2023
                               Mr. Vishal Daniel - Advocate for the appellants.

                               Mr. Ajay Shukla - Government Advocate for respondent-State.

Heard on I.A. No.8569 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellants Wahid Singh and Shahid Shah arising out of judgment dated 09/06/2022 delivered in

Sessions Trial No.21/2018 by Additional Sessions Judge, Berasiya, District Bhopal (MP).

T h e appellants have been convicted under Section 450 of IPC and sentenced to undergo R.I. for five years with fine of Rs.1000/-, Section 376(2) (tha) of IPC and sentenced to undergo Life imprisonment with fine of Rs.3,000/-, Section 376(2)(dha) of IPC and sentenced to undergo for life imprisonment with fine of Rs.5000/- and Section 506-II of IPC and sentenced to under R.I. for one year with fine of Rs.1000/-, with default stipulation.

Learned counsel for this appellants submits that as per prosecution story,

the appellants sexually assaulted the victim between 01/08/2017 to 04/05/2018. The FIR was belatedly lodged on 09/05/2018. There was no explanation offered by the prosecution for the inordinate delay in lodging the FIR. Since, FIR itself was lodged after considerable long time, the MLC report does not support the case of prosecution. The DNA report (Ex.- B) makes it clear that neither of appellants were held to be biological father of the child of the victim. The finding given by the Court below in Para-31 of the impugned judgment is perverse inasmuch as applicant Shahid was held to be biological father as per Signature Not Verified Signed by: MANJU Signing time:

8/10/2023 10:43:55 AM

DNA report. The DNA report does not support such finding. There is a consistency of inconsistencies in the statement of the prosecutrix. In view of inconsistencies and contradictions, her statement cannot be said to be of sterling quality. Thus, conviction of appellants is bad in law. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of these appellants may be suspended.

The prayer is opposed by learned Government Advocate on the basis of objection.

We have heard the parties at length and perused the record. Considering the aforesaid factual backdrop and without expressing any

opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of these appellants.

Accordingly, I.A No.8569 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellants is hereby suspended and it is directed that appellants Wahid Shah and Shahid Shah be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial

Court, Berasiya District Bhopal on 9 th of October, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                           (SUJOY PAUL)                                     (DWARKA DHISH BANSAL)
                              JUDGE                                                JUDGE
Signature Not Verified
Signed by: MANJU
Signing time:
8/10/2023 10:43:55 AM

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
8/10/2023 10:43:55 AM