Shahrukh Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 9140 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 4210 of 2021 (SHAHRUKH ALI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 19-06-2023 Shri Faisal Ali Shah, learned counsel for the appellant.

Shri Rohit Sharivastava-P.L.-appearing on behalf of Advocate General.

Heard on I.A. No. 3365 of 2023, which is Third application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the sole appellant. Earlier two applications were dismissed as

withdrawn.

The appellant has filed this appeal assailing the judgment of conviction and order of sentence dated 21/06/2021 passed in S.C. No. 235/2017 by Special Judge (POCSO Act) District Gwalior (M.P.), whereby, the appellant has been convicted and sentenced as under :-

Conviction U/s Sentence Fine (in Rs.) Default (in lieu of fine) 3 r/w section 4 of 07 years RI 2,000/- Two months RI POCSO Act

Learned counsel for the appellant submits that the trial Court has wrongly

convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further submitted that on the basis of spot map (Ex. P/3) case of the prosecution has become doubtful. The learned trial court has also opined that the incident took place might be on account of consensual relationship. The appellant has already Signature Not Verified served approximately two years and five months incarceration out of total Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 19-06-2023 05:45:18 PM awarded maximum sentence of seven years. Present criminal appeal is likely to

take long time to conclude. Hence, prayed to suspend the jail sentence and

grant of bail to appellant.

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 advanced by learned counsel for the parties,

without commenting on merits of the case, I.A. No. 3365 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with two

local solvent sureties in the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he

be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 12.9.2023 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

Durgekar

Signature Not Verified Signed by: SANJAY NAMDEORAO DURGEKAR Signing time: 19-06-2023 05:45:18 PM