Madhya Pradesh High Court
Soyab @ Abdul Samad vs The State Of Madhya Pradesh on 31 May, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.7651 OF 2023
(Soyab @ Abdul Samad vs The State of Madhya Pradesh)
Indore, Dated 31.05.2024
Mr. Virendra Sharma, counsel for the appellant.
Mr. Gaurav Singh Chauhan, counsel for the
respondent/State.
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Heard on IA No.7513 of 2024 which is second application
under Section 389 (1) of Criminal Procedure Code, 1973, filed on
behalf of appellant - Soyab @ Abdul Samad S/o Abdul Rauf
who has been convicted by Special Judge, POCSO Act, Badnagar,
District Ujjain (MP) in Special Session Trial No.22/2020 vide
judgment dated 06.03.2023 and has been sentenced him as under:-
Conviction Sentence
Section & Act Imprisonment Fine Imprisonment in
Amount lieu of fine
366/363, 5 years RI with Not 01 month RI, 03
376(c), 451 fine of deposited months RI and01
IPC Rs.1000/-. . day RI.
20 years RI with
fine of
Rs.2000/-.
01 year RI with
fine of Rs.500/-
The first application was dismissed as withdrawn by this
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.7651 OF 2023
(Soyab @ Abdul Samad vs The State of Madhya Pradesh)
Court vide order dated 09.02.2024.
Counsel for the appellant submits that appellant is innocent
and has been falsely implicated in the aforesaid offence. He
submits that important changed circumstance is that co-accused
Habib Khan has already been released on bail by the Hon'ble Apex
Court in SLP No.4046 of 2024 and the case of present appellant is
akin to the case of accused Habib Khan and rather is having better
case than the co-accused Habib. He further submits that appellant
has already suffered jail incarceration of about four and half years
and was arrested on 28.01.2020 and that there is no allegation of
rape against him. He also submits that as per the statement of
prosecutrix, she went with the appellant on her own accord to the
dream city colony but her version does not corroborate with the
medical evidence in view of para 64 of impugned judgment. He
also submits that the final disposal of appeal is likely to take
sufficient long time. Hence prays for suspension of sentence and
grant of bail to the appellant as the case of appellant is akin to the
case of co-accused Habib Khan.
Per contra, counsel for the respondent/State has opposed
the application and prays for its rejection.
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.7651 OF 2023
(Soyab @ Abdul Samad vs The State of Madhya Pradesh)
Having considered the facts and circumstances of the case
and the fact that the case of appellant is akin to the case of co-
accused Habib Khan and also looking to the fact that appellant has
no criminal past. Hence, we are of the considered opinion that it is
a fit case for grant of suspension to the appellant. Accordingly,
application IA No.7513 of 2024 is allowed.
It is directed that substantive jail sentence of appellant -
Soyab @ Abdul Samad S/o Abdul Rauf shall be suspended
subject to his depositing the fine amount (if not already deposited)
and on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of like
amount to the satisfaction of concerned trial Court for his
appearance on 07.08.2024 and on all other subsequent dates as
may be fixed by the Court concerned in this behalf. Accordingly,
application IA No.7513 of 2024 stands disposed of.
Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
