Sohel Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 18512 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                          CRA No. 11691 of 2022
                                                   (SOHEL KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-11-2023
                                  Mr. Anoop Nigam - Advocate appearing on behalf of Legal Aid Services

                           Authority for the appellant.
                                  Mr. Dinesh Savita - Public Prosecutor for respondent/State.

Heard on I.A. No.16599 of 2023, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 04.02.2022 passed by Special Judge (POCSO Act), District Gwalior (M.P.) in SC. No.126/2018, whereby appellant has been convicted and under Section 457 of IPC and sentenced to undergo five years with fine of Rs.2,000/ and under Section 376(1) of IPC and sentenced to undergo ten years R.I. with fine of Rs.2,000/- with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence properly. There are material omissions and contradictions in the statements of the prosecution

witnesses. It is further argued that appellant has served more than half of the sentence out of the total jail sentence. There are no chances of appeal being heard in near future. He has placed reliance on the judgment of the Supreme Court in the case of Salim Javed Vs. State of Rajasthan as reported in (2006) 9 SCC 602 and Kamal Vs. State of Haryana as reported in (2004) 13 SCC 526 wherein the Supreme Court has held that when there is no chances of appeal being heard in near future and appellant has already suffered more than half sentence, then appellant should be released on bail on

his furnishing bail and surety to the satisfaction of the trial Court. Hence, prayer is Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:19:13 AM

made 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.16599 of 2023, is hereby allowed. Subject to depositing fine amount, if not already deposited, and on furnishing personal bond by the appellant-Sohil Khan in sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of 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. Appellant is further directed to mark his appearance before the Office of this Court o n 20.12.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/4/2023 11:19:13 AM