Idresh Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3890 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1714 of 2023
                                        (IDRESH KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 13-03-2023
                                Shri J. K. Dixit - Advocate for the appellant.

                                Shri Satyapal Chaddar - Govt. Advocate for the respondent /State.

None for respondent No.2 despite service of notice.

Call for trial Court record.

Heard on I.A.No.2331/2023, an application under Section 389(1) of

Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 7/8 of POCSO Act and has been sentenced to undergo R.I. for 3 years and fine of Rs. 3,000/- with default stipulation by the learned Special Judge, POCSO Act, Bijawar, District Chhatarpur, vide judgment dated 18.1.2023 passed in Special Case No.9/2020 (State of MP Vs. Idreesh Khan).

Learned counsel for the appellant has submitted that appellant has been released on bail till 18.2.2023 by the trial Court. Thereafter, this Court vide its

order dated 6.2.2023 extended the bail of the appellant till today. During trial, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM

Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.2331/2023 is allowed. The execution of jail sentence of appellant- Idresh Khan is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear

before the trial Court on 8.6.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List the case for hearing on admission, immediately after receipt of trial Court record.

Certified copy today.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 3/14/2023 1:35:15 PM