Shahrukh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1249 MP

                                                        1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE

                                             CRA No. 945 of 2023
                                (SHAHRUKH Vs THE STATE OF MADHYA PRADESH AND OTHERS)



              Dated : 20-01-2023
                          Shri Anopam Chouhan, learned counsel for the appellant .
                          Shri Kapil Mahant Pl appearing on behalf of Advocate General.
             ____________________________________________________________
                          Heard on I.A. no. 740/2023, which is an application filed under
             section 389 (1) of Cr.P.C on behalf of appellant Shahrukh for grant of
             bail and suspension of remaining jail sentence.
                          Learned counsel for the appellant contended that the appellant has
             been convicted under sections 509, 506 Part-II of IPC and sections 7 /8
             of POCSO Act and sentenced to undergo one year R.I with fine of Rs.
             1000/-; six months R.I with fine of Rs. 500/- and three years R.I with
             fine of Rs. 1000/- respectively with default stipulation. After passing the
             judgment, his jail sentence has been suspended by the trial Court.
             During trial, he was remained on bail and he has not misused the liberty
             granted to him. There is strong case in favour of the appellant. Final
             hearing of the appeal will take sufficient long time. Under these
             circumstances, he prays that the application be allowed and the
             remaining jail sentence of the appellant be suspended till final disposal
             of the appeal.

                          Learned GA for the respondent/State opposed the prayer for grant

of bail and suspension of remaining jail sentence of the appellant by submitting that the appellant has been properly convicted and sentenced by the trial Court.

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/20/2023 6:42:03 PM

Considering all the facts and circumstances of the case, arguments advanced by both the parties as also taking note of the fact that the appellant was remained on bail during and he has not misused the liberty granted to him and final conclusion of appeal is likely to take time, I deem it proper to suspend the remaining jail sentence of appellant

Accordingly, IA No.740/2023 is allowed and the execution of remaining jail sentence of the appellant is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail upon his depositing the fine amount, if not already deposited, and upon furnishing a personal bond in the sum of Rs.75,000/- with one solvent surety of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 14/06/2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let record of the Court below be requisitioned.

C.C. as per rules.

(ANIL VERMA) JUDGE amol

Signature Not Verified Signed by: AMOL N MAHANAG Signing time: 1/20/2023 6:42:03 PM