Madhya Pradesh High Court
Samed Khan @ Shamim Khan vs The State Of Madhya Pradesh on 3 October, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-4650-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4650 of 2024
(SAMED KHAN @ SHAMIM KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 03-10-2024
Shri Sushil Goswami - Advocate for the appellant.
Shri D.S. Kushwah - Additional Advocate General for the
respondent/State.
Heard on I.A.No.19092/2024, first application under Section 389(1) of
Cr.P.C. for suspension of jail sentence and grant of bail on behalf of sole
appellant- Samed Khan @ Shamim Khan.
2. This Criminal Appeal has been preferred under Section 14-A of the
SC/ST (Prevention of Atrocities) Act, 1989 read with Section 374 of Cr.P.C.
against the judgment of conviction and order of sentence dated 23.03.2024
passed by the Special Judge (SC/ST Act), Vidisha (Madhya Pradesh) in
Special Case No.154/2017 whereby present appellant has been convicted
under Section 376(1) of IPC and sentenced to undergo Life Imprisonment
with fine of Rs.3000/- and under Section 3(2)(v) of SC/ST Act and
sentenced to undergo life imprisonment with fine of Rs.3000/- with default
stipulations.
3. It is the submission of learned counsel for the appellant that trial
Court erred in convicting the appellant and awarding jail sentence. It is a case
of false implication which is reflected from medical examination of
prosecutrix. Medical report belies the allegation. No injuries have been
sustained by the prosecutrix over her person. DNA report has not been
2 CRA-4650-2024
obtained in the case. Even statement under Section 164 of CrPC were not
taken. Fine amount has already been deposited. Appellant has already
suffered around 09 months of incarceration as pre and post trial confinement.
It is further submitted that hearing of this appeal will take time and the
appellant has good case on merits. He further undertakes to abide by all the
terms and conditions as imposed by this Court and would not be a source of
embarrassment or harassment to the complainant side in any manner.
Therefore, he may also be given the benefit of suspension of sentence and
grant of bail.
4. Learned counsel for the State opposed the prayer made by the
counsel for the appellant and prays for rejection of application.
5. Considering the facts and circumstances of the case as well as
arguments advanced by counsel for the parties, this Court is inclined to grant
suspension of sentence to the appellant. Hence, without commenting on the
merits of the case, application is allowed and it is ordered that on furnishing a
personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two
solvent sureties of the like amount to the satisfaction of the concerned trial
Court, the jail sentence of appellant - Samed Khan @ Shamim Khan shall
remain suspended till disposal of this appeal and he be released on bail
subject to deposit of fine, if not already deposited. He is further directed to
remain present before the Registry of this Court on 16.12.2024 and,
thereafter, on such subsequent dates as may be fixed by the Registry.
6 . It is further directed that appellant shall not be a source of
embarrassment and harassment to the prosecutrix in any manner and he shall
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not move in the vicinity of the prosecutrix and also not try to contact the
complainant party by any mode, otherwise, benefit of suspension of sentence
and bail shall automatically stands cancelled.
7. I.A. No.19092/2024 is allowed and stands disposed of.
Certified copy as per rules.
(ANAND PATHAK) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Monika
