Shaharukh Uddin vs State Of Madhya Pradesh
2023 Latest Caselaw 15616 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 5099 of 2023
                                             (SHAHARUKH UDDIN Vs STATE OF MADHYA PRADESH)

                          Dated : 22-09-2023
                                Shri Shashank Upadhyaya - Advocate for appellant.

                                Shri A.S. Baghel - Public Prosecutor for respondent/State.

Heard on I.A. No.18047 of 2023.

This is the first application for suspension of sentence and grant of bail on behalf of the appellant Shaharukh Uddin who has been convicted under

Sections 376(3), 342, 201 and 506-II of the Indian Penal Code and sentenced to undergo R. I. for 20 years, R.I. for 6 months, R.I. for 2 years and R.I. for 2 years and to pay fine of Rs.5,000/-, Rs.500/-, Rs.1,000/- and Rs.1,000/- respectively with default stipulation vide impugned judgment of conviction and sentence dated 10.03.2023 passed by the Special Judge (POCSO Act), District Panna in Sessions Trial No.125 of 2021.

The case of the prosecution is that on 19.06.2021 a written report has been lodged by the prosecutrix-PW/1 that the appellant who was known to her somehow managed to take a selfie and was blackmailing the victim by means of

selfie. The statements further clarify that he has taken Rs.5,000/- from her on one occasion and demanded Rs.10,000/- and asked her to meet at a particular place. Under pressure when she went to give the amount she was taken into a room and the offence was committed.

The learned counsel for the appellant contends that the appellant is innocent and false allegations have been made against him. He is in custody since 21.06.2021.There is no likelihood of early hearing of the appeal in near future. The appellant is ready to furnish adequate security and to abide by all the Signature Not Verified Signed by: LORETTA RAJ Signing time: 9/26/2023 4:01:26 PM

terms and conditions as may be imposed by this Court. On these grounds, he prays for grant of bail.

The State counsel has pointed out the statement of the victim and contended that therein the victim has stated the manner in which the offence is committed by threatening and blackmailing by way of a selfie which was taken by the present appellant. Hence, no case for grant of bail is made out.

Considering the facts and circumstances of the case and the manner in which the offence is committed, this court does not deem it fit to enlarge the appellant on bail.

I.A. No.18047 of 2023 is rejected.

                                    (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                      CHIEF JUSTICE                                       JUDGE

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/26/2023
4:01:26 PM