Saheed@Said Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16224 MP

Madhya Pradesh High Court

Saheed@Said Khan vs The State Of Madhya Pradesh on 30 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                         CRA No. 6556 of 2024
                                         (SAHEED@SAID KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 30-05-2024
                                 Shri Akhlesh Dubey - Advocate for the appellant.

                                 Shri Kaushlendra Singh Tomar - Public Prosecutor for respondent

No.1/State.

Let record of the trial court be called for.

Heard on I.A. No. 10932/2024, which is first application under Section 389 Cr.P.C. for suspension of sentence and grant of bail to the appellant. After

arguing for some time, learned counsel for the appellant orally prays for temporary suspension of sentence of the appellant since record of the trial court has yet not been received.

Prayer is considered.

This Criminal Appeal under Section 14 (A) of SCST read with Section 374 of Cr.P.C. assails the judgment dated 20.05.2024 passed by the Special Judge SCST Act, District Datia (M.P.) in S.C. No.52/2022, whereby, appellant has been convicted under Sections 354 (Gha) of IPC and Sections 3 (1) (w)

(ii), 3 (2) (va) of SCST Act and sentenced him to undergo maximum one year's

imprisonment with maximum fine of Rs. 2000/- each respectively with default stipulation.

Learned counsel for the appellant submitted that learned trial Court has wrongly convicted the appellant without appreciating the evidence properly available on record. Further submission is that there are material omissions and contradictions in the statement of the prosecution witnesses. Therefore, learned counsel for appellant at this stage orally prays for grant of temporary

suspension of sentence and grant of bail for a limited period.

Per contra, learned Public Prosecutor for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No. 10932/2024 is considered to the extent of temporary suspension of sentence for a period of three months. Accordingly, it is directed that appellant be released on temporary bail for a period of three months from the date of his release on his furnishing a

personal bond to the tune of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court.

Temporary bail is given only for three months and the appellant shall have to surrender on completion of the period of three months before the trial Court and the trial Court shall submit surrender report in this regard before this Court on the next date of hearing.

List the case for hearing on I.A.No.10932/2024 on 04.07.2024. Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AK/-