Madhya Pradesh High Court
Asif Khan vs The State Of Madhya Pradesh on 20 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11584 of 2023
(ASIF KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 20-12-2023
Shri Rajeev Jain, learned counsel for the appellant.
Shri G.K.Agrawal, learned PP for the respondent/State.
Heard on I.A.No. 19509of 2023, first application under Section 389(1)
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of sole
appellant- Asif Khan.
Present appellant stood convicted under Section 376(D) of IPC and
sentenced to undergo 20 years rigorous imprisonment with fine of Rs.1,000/-
and in default of payment of fine to further undergo one year RI, vide judgment
of conviction and order of sentence dated 11/7/2023 passed by Third
Additional Sessions Judge/ Special Judge (POCSO Act, 2012), Vidisha (MP) in
Special Sessions Trial No.163/2020.
The present appellant so far has undergone jail sentence of one year 10
months approximately.
As per prosecution story, prosecution and her parents on 14/10/2020
lodged a complaint to the effect that in the night of 12/10/2020 when her father
went for watering the field and her mother was sleeping inside the house, one
Sunil, who she knows, called her on whcih at about 12.00 in the night, she came
out of the house. Sunil took her to nearby forest and committed rape with her;
however, while Sunil was committing rape with her, present accused and one
Wazid seen them and thereafter present appellant and his friend also committed
rape with her and also threatened her of dire consequences if she reports the
matter to police. On the basis of such information, FIR was registered and
investigation was set in motion. Upon completion of investigation including
recording of statements of witnesses, collection of evidence and necessary
formalities, challan was filed before the competent Court. The Special Court, on
appreciation of evidence placed on record, convicted and sentenced the present
appellant, as referred above.
Learned Counsel for the present appellant while taking exception to the
impugned judgment of conviction and order of sentence, submits that learned
Trial Court has not appreciated the evidence placed on record in correct
perspective. The judgment suffers from surmises and conjectures. Prosecutrix
and her parents have turned hostile and do not supported the case of
prosecution. Present appellant has falsely been implicated in the instant case. It
is further submitted that present appellant has so far undergone incarceration of
one year 10 months. The appeal being of the year 2023, is not likely to be
decided in the near future. On these grounds, learned counsel submits that the
present appellant may be extended the benefit of suspension of sentence and
grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the State,
opposed the prayer and prayed for dismissal of suspension application.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions touching merits of the case but regard
being had to the fact that present appellant so far has already undergone
incarceration of one year 10 months, coupled with the fact that the appeal is of
the year 2023 and there is no likelihood of early hearing of the appeal in near
future, in the obtaining facts and circumstances, we are of the view that present
appellant is held entitled to the benefit of suspension of sentence and grant of
bail.
Accordingly, I.A.No.19509 of 2023, stands allowed and it is directed
that the jail sentence of present appellant- Asif Khan shall remain suspended
during pendency of the present appeal and he shall be released on bail subject
to verification of the factum of depositing the fine amount and on his furnishing
a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac 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.
Present Appellant is directed to appear before the Registry of this Court
first on 05/03/2024 and thereafter, on other subsequent dates as may be fixed
in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
JPS/-
JAI
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR,
PRAKASH
2.5.4.20=287738d30aabaeda9b10cecdf179cec86
5c7633f4cfb9e38ce14fcbb05b9522a,
postalCode=474001, st=Madhya Pradesh,
serialNumber=8D6BC1C9FCE36623D0BD6B8072
SOLANKI
A2D8C01433EBD48AE4F609F108CA8F8DE6B522,
cn=JAI PRAKASH SOLANKI
Date: 2023.12.21 09:51:52 +05'30'
