Madhya Pradesh High Court
Sheikh Usman vs The State Of Madhya Pradesh on 17 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-9561-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9561 of 2019
(SHEIKH USMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 17-02-2025
Shri Saif Ali - Learned counsel for the appellant.
Shri Aditya Narayan Gupta - Learned Government Advocate for
respondent No.1/State.
Shri Akash Kaushal- Learned counsel for respondent No.2/objector.
Heard on I.A. No.20412/2019, first application under Section 389(1)
of Cr.P.C for suspension of sentence and grant of bail filed on behalf of the
appellant.
2. This Criminal Appeal assails the judgment dated 05.12.2018 passed by
Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act) District Burhanpur (M.P.) in case No.SCATR/25/2017,
whereby the appellant has been convicted for the following offences:
Default (in
Conviction U/s Sentence Fine lieu of
fine)
5 Years Rs.1000/- 6 months
366 of IPC
R.I. R.I.
1 Year
376-1 of IPC 10 Years R.I. Rs.5000/-
R.I.
3(2)(v) of he Scheduled Castes and Scheduled Life 1 Year
Rs.5000/-
Tribes (Prevention of Atrocities) Act,1989 imprisonment R.I.
3. The prosecution story found to be proved beyond reasonable doubt is
that on 20.09.2017 at around 2.00 P.M. the appellant abducted the
prosecutrix from the lawful guardianship without her consent from Subhas
School Burhanpur and took her to a hut situated in village Dariyapur and
2 CRA-9561-2019
committed sexual intercourse with her without her consent. The prosecutrix
belongs to the Scheduled Caste community. On the basis of aforesaid guilt,
the appellant has been convicted and sentenced, as mentioned above.
4. Learned counsel for appellant submits that the appellant is innocent
and has been falsely implicated in the present case. Learned counsel for the
appellant submitted that the prosecutrix in her statement has stated the she
used to talk with the appellant on mobile phone and she voluntarily
accompanied the appellant. The prosecutrix was major at the time of
incident. As per Ex.P/3, doctor has opined that no definite opinion regarding
rape can be given. The appellant has suffered more than six years of
incarceration. The appeal is of the year 2019 and there is no likelihood of
early hearing of this appeal, therefore the jail sentence of the appellant may
be suspended and he be released on bail.
5. Per contra, learned counsel for the respondent/State has vehemently
opposed the application for suspension of sentence and submitted that
looking to the nature of allegations and gravity of offence, the application is
liable to be rejected.
6. Considering the facts and circumstances of the case and the fact that
the present case appears to be a case of consensual sexual relationship, this
Court deems it appropriate to suspend the jail sentence of the appellant and
release him on bail. Accordingly, without commenting on the merits of the
case, I.A. No.20412/2019 i s allowed. It is directed that substantive jail
sentence of appellant Sheikh Usman shall remain suspended subject to his
depositing the fine amount (if not already deposited) and on furnishing a
3 CRA-9561-2019
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one solvent surety in the like amount to the satisfaction of concerned trial
Court for his appearance before the trial Court on 07.04.2025 and on all
other subsequent dates as may be fixed by the Court concerned.
7. List the appeal for final hearing in due course.
(SUSHRUT ARVIND DHARMADHIKARI) (ASHISH SHROTI)
JUDGE JUDGE
Shanu
