Gulzar Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3548 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9790 of 2022 (GULZAR KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 28-02-2023 Shri B.J.Chouarsiya- counsel for the appellant.

Shri K.S.Patel- Panel Lawyer for the State.

Considered I.A.No.290/2023, which is second application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Gulzar Khan. First application was dismissed as withdrawn on 14.11.2022.

By the impugned judgment dated 09.9.2022 passed by First Additional Sessions Judge, Nowgong, Chhatarpur in Special Case No.09/2017 the appellant has been convicted for offences under sections 7/8 of POCSO Act and 354-A/34 of IPC and sentenced to undergo R.I. for 04 years & 01 year with fine of Rs.2,000/- & Rs.1000/- respectively.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The appellant is in custody since the date of judgment. The trial Court without properly appreciating the oral and documentary evidence on record has passed the impugned judgment.

The complainant has entered into compromise and filed an affidavit in support of the complainant.Co-accused/Deepak Ahirwar has already been released on temporary bail on 17.2.2023 in Criminal Appeal No.5711/2021. Therefore, jail sentence of appellant-Gulzar Khan be suspended.

Learned Panel Lawyer has opposed the prayer for suspension of sentence and grant of bail.

Signature Not Verified SAN

Considering the over all facts and circumstances of the case, nature of Digitally signed by RAJESH MAMTANI Date: 2023.03.01 19:13:56 IST

allegations and custody period, it is directed that subject to deposit of fine

amount, if not already deposited, and on furnishing 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 trial Court concerned, remaining jail sentence imposed on appellant-Gulzar Khan be suspended and he be released on bail for securing his presence before the Registry of this Court on 18.7.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the Registry of this Court on each and every date, without fail.

List this case for final hearing in due course alongwith connected case.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2023.03.01 19:13:56 IST