Madhya Pradesh High Court
Sauhrab @ Sourabh Khan vs The State Of Madhya Pradesh on 8 November, 2023
Author: Sanjeev S Kalgaonkar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11444 of 2023
(SAUHRAB @ SOURABH KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 08-11-2023
Shri Ashfaq Khan- Advocate for appellant.
Ms. Kalpana Parmar- Panel Lawyer for respondent- State.
Victim appeared before this Court and she is duly identified by learned
Counsel for appellant.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No.17200 of 2023, first application under Section
389(1) Cr. P.C. moved on behalf of appellant- Sauhrab alias Sourabh
Khan seeking suspension of sentence and grant of bail.
Appellant stood convicted under Section under Section 376 of IPC and
sentenced to undergo ten years RI with fine of Rs.10,000/- with default
stipulation vide judgment of conviction and order of sentence dated 16-08-
2023 passed by Special Judge (POCSO Act, 2012) and Second Additional
Sessions Judge, Datia (MP) in Special Case No. 07 of 2020.
Learned Counsel for the appellant submits that the victim and other
prosecution witnesses did not support the prosecution case. Merely on the
basis of DNA report, the appellant was convicted for the offence punishable
under Section 376 of IPC and Section 3/4 of POCSO Act. The learned Trial
Court has committed an error in convicting and sentencing the present appellant
without appreciating the evidence properly, as there were certain inconsistencies
in the sampling for DNA test. Learned Counsel further submits that the
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 09-11-2023
07:13:19 AM
appellant has married with the victim and they were blessed with a girl child.
The victim along with suckling child is residing with the family of appellant. Jail
incarceration would cause great hardship to the victim and her child.
Parents of appellant are also present before this Court and they support
the statement of victim and contents of the affidavit sworn by victim.
Learned Counsel for appellant further submits that the appellant was on
bail during trial and he did not misuse the liberty so granted to him. Fine amount
has already been deposited by him. There is no likelihood of early hearing of the
appeal in the near future. On these premised submissions, learned counsel prays
that the execution of remaining jail sentence of appellant may be suspended and
he may be enlarged on bail during pendency of the instant appeal.
Per contra, learned counsel for respondent State opposes the application
and prays for its rejection.
On going through the submissions of victim supported by affidavit sworn
by her as well as upon hearing learned Counsel for the parties, but without
commenting upon rival contentions touching merits of the case, this Court is of
the view that application deserves to be allowed. It is, accordingly, directed that
the execution of remaining jail sentence of appellant shall remain suspended
during pendency of this appeal and he shall be enlarged on bail subject to
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction of Trial
Court and also subject to deposit of the fine amount (if not already deposited)
for his appearance before the Registry of this Court first on 22.12.2023 and on
further dates as may be fixed by the Registry in this regard till final disposal of
the instant appeal.
Accordingly, IA No.17200 of 2023 stands allowed and disposed of.
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 09-11-2023
07:13:19 AM
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 09-11-2023
07:13:19 AM
