Sahil Qureshi vs The State Of Madhya Pradesh
2024 Latest Caselaw 4391 MP

Madhya Pradesh High Court

Sahil Qureshi vs The State Of Madhya Pradesh on 15 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 12387 of 2023
                                             (SAHIL QURESHI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 15-02-2024
                                Mr. Amit Rawat - Advocate for appellant.

                                Mr. Nitin Goyal - Panel Lawyer for respondent/State.

Heard on I.A. No. 1750 of 2024, which is second application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant. His first bail application was dismissed as withdrawn (I.A. No.20040 of 2023) vide order dated 20.12.2023 as by clerical mistake interim

bail was mentioned in that application.

This Criminal Appeal assails the judgment dated 17.08.2023 passed by Special Judge (M.P.D.V.P.K.) and II Additional Sessions Judge, Gwalior, District Gwalior (M.P.) in Case No. SST No.67/2021, whereby appellant has been convicted and sentenced under Section 392 of IPC and Section 11/13 of M.P.D.V.P.K. Act to undergo rigorous imprisonment of 5 years with fine of Rs.1,000/-, with default stipulation.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without appreciating the evidence available on record. It

is further argued that there are material omissions and contradictions in the statement of the prosecution witnesses. Further argument is that appellant has already served approximately two years of custody out of total awarded jail sentence of five years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to the 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. 1750 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty 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. He is further directed to mark her appearance before the

Office of this Court on 06.5.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

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*)