Ajju @ Sajid Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 20892 MP

Madhya Pradesh High Court

Ajju @ Sajid Khan vs The State Of Madhya Pradesh on 11 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7898 of 2021 (AJJU @ SAJID KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 11-12-2023 Ms.Priti Singh - Advocate for the appellant.

Ms. Shakti Tripathi - Panel Lawyer for the State. Ms.Vineeta Sharma - Advocate for Complainant.

Heard on admission.

Appeal is admitted for final hearing.

Also heard on IA No.26382/2023, which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant. Earlier first application was dismissed as withdrawn vide order dated 09.07.2022.

Appellant has been convicted under Sections 377 IPC and 3/4 of POCSO Act and sentenced as mentioned in the impugned judgment dated 25.11.2021 passed in SC No.08/2021 by 18th ASJ & Special Judge (POCSO Act), Bhopal.

It is submitted by the counsel for the appellant that during pendency of

present appeal parties has amicably settled their dispute and entered into compromise. In this regard they have move IA No.27506/2023 and factum of compromise has been duly verified by Registrar(J-II) vide order dated 01.12.2023. In the light of compromise arrived at between the parties, learned counsel for the appellant prays for suspension of custodial sentence and grant of bail to the appellant.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and during

pendency of present appeal parties has amicably settled their dispute and entered into compromise, factum of compromise has been duly verified by Registrar(J-II) vide order dated 01.12.2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.26382/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit

of fine amount. Appellant is directed to appear before the trial Court first on 02.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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