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Madhya Pradesh High Court
Salman Khan vs The State Of M.P. on 19 December, 2025
1 CRA-7786-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7786 of 2022
(SALMAN KHAN AND OTHERS Vs THE STATE OF M.P. )
Dated : 19-12-2025
Ms. Indu Pande - Advocate for the appellants.
Shri Amit Pandey - Government Advocate for the respondent/State.
Heard on I.A. No.1770/2025, second application under Section 389(1)
of Cr.P.C./Section 430(1) of BNSS, for suspension of sentence and grant of
bail filed on behalf of appellant No.1 Salman Khan.
2. Also heard on I.A. No.28277/2025 , second application under Section
389(1) of Cr.P.C./Section 430(1) of BNSS, for suspension of sentence and
grant of bail filed on behalf of appellant No.2 Raja @ Shabir Shah and
appellant No.3 Afsana Bi.
3. After arguing at length, learned counsel for the appellants prays for
withdrawal of I.A. No.1770/2025 filed on behalf of appellant No.1 Salman
Khan and I.A. No.28277/2025 qua appellant No.2 Raja @ Shabir Shah with
liberty to revive the prayer after six months.
4. Prayer allowed.
5. With aforesaid liberty, I.A. No.1770/2025 qua appellant No.1 Salman
Khan and I.A. No.28277/2025 q u a appellant No.2 Raja @ Shabir
Shah stands dismissed as withdrawn.
6. This appeal has been preferred against the judgment dated 04.08.2022
passed by Additional Sessions Judge/Special Judge Goharganj, District
Raisen (M.P.) in S.C. No.16/2020, whereby appellant No.3 been convicted
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and sentenced as under:
Conviction U/s. Imprisonment Fine In lieu of fine
376(da) of IPC Life imprisonment Rs.5000/- Additional R.I. for one year
376(2)(n) of IPC R.I. for 10 years Rs.3000/- Additional R.I. for 6 months
363 of IPC R.I. for 3 years Rs.1000/- Additional R.I. for one months
366A of IPC R.I. for 5 years Rs.3000/- Additional R.I. for 6 months
7. Learned counsel for the appellants submits that the trial Court has
wrongly convicted and sentenced the appellant No.3. As per prosecution
case, the allegation against the appellant No.3 is that she assisted the other
co-accused persons in the commission of gang rape upon the prosecutrix,
who was minor at the time of incident. The prosecution has failed to prove
the case beyond reasonable doubt. There is no evidence against the present
appellant with the regard to the alleged offence. There are material
contradictions and omissions in the testimonies of the prosecution
witnesses. The appellant No.3 has already undergone almost 3 years of
incarceration. This appeal is of the year 2022 and there is no possibility of
early hearing of the appeal in near future. She is ready to furnish adequate
surety and shall abide by the directions and conditions, which may be
imposed by this Court. Hence, it is prayed that the application for suspension
of sentence may be allowed.
8 . Learned counsel for the State on the other hand has opposed the
application for suspension of sentence and supported the impugned judgment
of conviction and sentence passed by the trial Court.
9. Heard the learned counsel for the parties and perused the record.
10. Considering the arguments advanced by learned counsel for the parties
and the overall facts and circumstances of case and the fact that the appellant
3 CRA-7786-2022
No.3 is a lady, we are of the opinion that the application for suspension of
sentence and grant of bail to the appellant can be considered.
11. Accordingly, without commenting anything on the merits of the case,
I.A. No.28277/2025 qua appellant No.3 Afsana Bi is partly allowed.
1 2 . It is directed that subject to depositing the fine amount, if not already
deposited, the remaining jail sentence of the appellant No.3 Afsana Bi is
hereby suspended and she be released on bail on furnishing a personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent
surety of the like amount to the satisfaction of the trial Court with a further
direction to appear before the Registry of this Court on 24.03.2026 and on
such other dates, as may be fixed by the Registry in this regard during
pendency of this appeal.
13. List the matter for final hearing in due course.
(VIVEK KUMAR SINGH) (AJAY KUMAR NIRANKARI)
JUDGE JUDGE
Shanu
