Shamshad Shah vs The State Of Madhya Pradesh
2025 Latest Caselaw 8110 MP

Madhya Pradesh High Court

Shamshad Shah vs The State Of Madhya Pradesh on 17 April, 2025

                                                                1                                CRA-3749-2025
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 3749 of 2025
                                              (SHAMSHAD SHAH Vs THE STATE OF MADHYA PRADESH )



                          Dated : 17-04-2025
                                Shri Mukesh Chandra Pathak - Advocate for appellant.
                                Shri Abhishek Bhadoriya - Public Prosecutor for the State.

                                   Heard on admission.
                                2. The appeal being arguable is admitted for final hearing.
                                3. Also heard on I.A.No.8099 of 2025 , first application under Section

                          430 of BNSS for suspension of jail sentence and grant of bail to the
                          appellant.
                                4. This Criminal Appeal assails the judgment dated 21.03.2025 passed
                          in SC No.148/2022 by the Special Judge, POCSO Act, District Gwalior,
                          whereby the appellant has been convicted as under :

                                                                                          Imprisonment
                                         Under Section    Imprisonment      Fine Rupees
                                                                                          in lieu of fine
                                       366/34 of IPC       03 years' R.I.    Rs.500/-     01 month's R.I.


                                5. Learned counsel for the appellant submits that the trial Court has

                          wrongly convicted the appellant without proper appreciation of facts of the
                          case as well as evidence on record. He further submits that the Trial Court
                          has suspended the jail sentence of appellant for a temporary period.
                          Appellant was on bail during trial, but he did not misuse the liberty so
                          granted. There is no likelihood of early hearing of the instant appeal in near
                          future. Hence, he prays to suspend the jail sentence and grant of bail to the


Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 4/17/2025
6:58:32 PM
                                                              2                          CRA-3749-2025
                          appellant.
                                 6. Learned counsel for the respondent/State vehemently opposed the

application and prayed for its rejection.

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

8. Considering the submissions made by learned counsel for the parties as well as the facts and circumstances of the case, without commenting on merits of the case, I.A.No.8099 of 2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with a 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. The appellant is further directed to mark his appearance before the Registry of this Court on 14/05/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

Aman