Madhya Pradesh High Court
Shehbaj Sheikh @ Sibu vs The State Of Madhya Pradesh on 5 February, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14800 of 2023
(SHEHBAJ SHEIKH @ SIBU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 05-02-2024
Shri Digpal Singh Rathore - Advocate for the appellant.
Shri Gaurav Singh Chouhan - GA for respondent/State.
Heard on IA No.19400 of 2023, which is the first application under
Section 389(1) of Cr.P.C. on behalf of the appellant No.1 Shehbaj and
Appellant No.2 Sohail @ Lala for grant of bail and suspension of remaining jail
sentence.
Vide judgment dated 4.10.2023 passed by the Special Judge (POCSO
Act, 2012), Badwah, District Mandleshwar (M.P.) in Special Case No.17/22,
both the appellants have been convicted for the offence under Section 363, 366-
A, 344 of IPC and Section 5L/6 r/w S.17 of POCSO Act and sentenced to 3
years R.I. with fine of Rs.1,000/-, 7 years R.I. with fine of Rs.1,000/-, one year
R.I. with fine of Rs.1,000/- and 20 years R.I. with fine of Rs.10,000/-,
respectively, with usual default stipulation.
As per the prosecution story, on 1.2.2022 the prosecutrix aged about 17
years 6 months left the house without informing her parents. When she did not
return to her home, her father gave information to P.S. Sanawad and the FIR
was registered against the unknown person under Section 363 of IPC.
Thereafter the prosecutrix was recovered on 11.2.2022 from the custody of
accused Tahir @ Raja. In her statement, prosecutrix disclosed that she knows
Tahir since last 7 years who being relative lives in the same locality. On 1.2.2022
co-accused Tahir called her near graveyard. When the prosecutrix went there,
one girl namely Bhavna found waiting for her, said that she has been sent by
Tahir to pick her. Thereafter prosecutrix went along with that girl Bhavna.
Thereafter both went and met Tahir. Present appellants were also there and all
of them went in the white colour Tavera car to Ajmer, where she was kept by
Tahir and the present appellants left them. During that period co-accused Tahir
made sexual relationship with her number of times. In view of the aforesaid, the
police registered FIR against 5 accused persons Tahir, Bhavna, Sohail and
Shehbaj. The trial court acquitted Bhavna and Akash and rest 3 accused
persons have been convicted.
Learned counsel for both the appellants submits that only allegation
against the present appellants is that they were accompanying the main accused
Tahir. Main allegation of committing sexual assault is against Tahir @ Raja.
Appellants were remained on bail during trial and they did not misuse the liberty
given to them. There is a strong case in favour of the appellants. Final
conclusion of appeal will take a long sufficient time. Hence he prays for grant of
bail and suspension of remaining jail sentence of the appellants till the final
disposal of this appeal.
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection.
Heard learned counsel for the parties and perused the record.
Considering all the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellants and also taking note of the fact that appellants were
remained on bail during the trial and they did not misuse the liberty given to
them and that final conclusion of this appeal will take a long sufficient time, we
deem it proper to suspend the remaining jail sentence of the appellants.
Accordingly, IA No.19400 of 2023 is allowed and the execution of
remaining jail sentence of the appellant No.1 Shehbaj and Appellant No.2 Sohail
@ Lala is hereby suspended till the final disposal of this appeal and it is ordered
that the appellants be released on bail on their depositing the fine amount, if not
already deposited, and upon furnishing a personal bond for a sum of
Rs.50,000/- each with one solvent surety each of the like amount to the
satisfaction of the trial Court, with a further direction to appear before the
Registry of this Court on 6.5.2024 and on such other dates, as may be fixed by
the Registry of this Court in this regard during the pendency of this appeal.
Registry is directed to list the matte for final hearing in due course.
C.C. as per rules.
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
trilok
