Madhya Pradesh High Court
Shamshaad Ansari vs The State Of Madhya Pradesh on 7 February, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2025 of 2023
(SHAMSHAAD ANSARI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 07-02-2023
Mr. Deependra Singh Kushwah, learned counsel for the appellants.
Mr. P.P.S. Bajeetha, learned Public Prosecutor for respondent No. 1 -
State.
Admit.
Record of the Court below be called.
Heard on I.A. No. 2664 of 2023, first application under Section 389 (1)
of CrPC for suspension of jail sentence and grant of bail to the appellants.
This Criminal Appeal assails the judgment dated 16.1.2023 passed by
Sixth Additional Sessions Judge, Bhind / Special Judge (POCSO Act), Bhind
(M.P.) in S.C.A.T.R. No. 41/2020, whereby the appellants has been convicted
and sentenced under Section 354 of IPC to undergo one year R.I. with fine of
Rs.500/-, under Section 8 of POCSO Act to undergo three years R.I. with fine
of Rs.1000/-, under Section 323 of IPC to undergo three months R.I. with fine
of Rs.500/-, under Section 3(1)(w)(i) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act to undergo six months R.I.
with fine of Rs.500/- and under Section 3(2)(va) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act to undergo six months R.I.
with fine of Rs.500/-, with default stipulation.
Learned counsel for the appellants submits that the trial Court has
wrongly convicted the appellants without proper appreciation of facts of the
case. There are material contradictions in the evidence of the prosecution
witnesses. He further submits that the appellants have already served three
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 08-Feb-23
10:14:39 AM
months five days of incarceration out of total jail sentence of three years. They
were on bail during trial and did not misuse the liberty so granted to them.
Present criminal appeal is likely to take long time to conclude. Hence, prayed to
suspend the jail sentence and grant of bail to the appellants.
Counsel for the State vehemently opposed the application and prayed for
its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments rendered by learned counsel for the appellant
as well as facts and circumstances of the case, without commenting on merits
of the case, I.A.No. 2664 of 2023 is hereby allowed. Subject to depositing of
fine amount, if not already deposited, and on each of the appellants furnishing
personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent
surety of the like amount to the satisfaction of the concerned trial Court, the
remaining jail sentence of the appellants shall remain suspended and they be
released on bail. Appellants are further directed to mark their appearance before
the Office of this Court o n 17.4.2023 and on subsequent dates given by the
Office in this regard, till final disposal of this appeal.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
AKS
Signature Not Verified
Signed by: ALOK KUMAR
Signing time: 08-Feb-23
10:14:39 AM
