Saddam @ Shahrukh vs The State Of Madhya Pradesh
2023 Latest Caselaw 8400 MP

                                                       1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                CRA No. 1859 of 2023
                                    (SADDAM @ SHAHRUKH Vs THE STATE OF MADHYA PRADESH)

               Dated : 12-06-2023
                           Shri S.K.Mishra, learned counsel for the appellant.

                           Shri   Pramod     Pachauri,     learned   Public    Prosecutor    for   the
               respondent/State.

Heard on IA.No.8567/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-

Saddam @ Shahrukh.

Vid e judgment dated 9th December, 2022 passed in Spl. Case No.11/2021 by Special Judge (POCSO), Morena, appellant has been convicted under Section 363, 354 of IPC and Section 9(d)/10 of the POCSO Act and sentenced to undergo 3 years RI with fine of Rs.500/-, 2 years RI with fine of Rs.500/- and 5 years RI with fine of Rs.1,000/- respectively.

Allegation against the appellant is that he tried to forcibly take away the prosecutrix aged about 8 years with intention to outrage her modesty. Father of the prosecutrix saved her.

I t is submitted by learned counsel for the appellant that during trial, appellant remained in custody for 714 days and thereafter from the date of judgment i.e. 9.12.2022 he is in custody. Thus, he has already suffered near about half of the sentence awarded by the trial Court. Final hearing of the appeal will take time and he has a good case on merit. Therefore, prayer for suspension of sentence has been made.

Signature Not Verified Signed by: MADHU SOODAN PRASAD Learned counsel for the State opposed the application and prayed for its Signing time: 13-06-2023 10:34:07 AM rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.8567/2023 is allowed and it is directed that jail sentence of appellant Saddam @ Shahrukh will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 13-06-2023 10:34:07 AM