Madhya Pradesh High Court
Shahrukh vs The State Of Madhya Pradesh on 23 January, 2025
1 CRA-125-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 125 of 2022
(SHAHRUKH Vs THE STATE OF MADHYA PRADESH )
Dated : 23-01-2025
Shri Shubham Kusumkar, learned counsel for the appellant.
Ms. Vinita Dwivedi, learned counsel for the respondent/State.
Heard on I.A. No.10825/2024, which is the Fourth application for suspension
of remaining jail sentence and grant of bail filed on behalf of the appellant
No.1-Shahrukh.
2. The applicant has been convicted under Section 506 (Part 2) IPC and
sentenced to undergo 2 years' R.I. with fine of Rs.1000/- and under Section 5L/6
of IPC and sentenced to undergo 10 years' R.I. with fine of Rs.9000/- with default
stipulation..
3. Learned counsel for the applicant submits that the applicant has been falsely
implicated in this matter. Trial Court has not appreciated the evidence in its right
perspective. Omnibus allegations have been levelled against the appellant. There
are material contradictions and omissions in the statements of the witnesses.
Impugned judgment suffers from surmises and conjectures and has been passed
ignoring serious anomalies. The applicant has suffered 6 years and 10 months'
incarceration. The appellant has fair chances of success in this criminal appeal.
Final hearing of this appeal may take time as the appeal is of the year 2022. On
these miscellaneous grounds, he prays for suspension of remaining part of the jail
sentence of the appellant till pendency of this appeal.
4. Per contra , learned counsel for the respondent / State opposes the prayer on
the ground that appellant has committed sexual offence on the victim of 15 years
2 CRA-125-2022
and there are sufficient evidence are available against the applicant and prays for
rejection of the application.
5 . Considering the aforesaid factual backdrop, all the facts and circumstances of
the case coupled with the fact that possibility of final hearing of this appeal in near
future is bleak, without expressing any conclusive opinion on merits, I find it to
be a fit case to suspend the remaining custodial sentence of the appellant.
6. Accordingly, I.A. No.10825/2024 is allowed. Subject to deposit of fine
amount, if not already deposited the remaining jail sentence during the pendency
of the appeal is hereby suspended and it is directed that appellant be released on
bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction of
learned trial Court for compliance with following -
(i) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(ii) The appellant shall appear before the Trial Court on 04/03/2025
and on such further dates as may be directed by the Trial Court;
(iii) The appellant shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on his
behalf, on the date notified for hearing.
7. In case of breach of any of the aforementioned conditions, this order granting
suspension of sentence shall become ineffective. The Trial Court shall be
authorized to grant exemption from attendance to the appellant on any date, on
sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P. High
Court Rules, 2008].
3 CRA-125-2022
8. Where the appellant does not appear on the date of his appearance before the
Trial Court and no sufficient cause for non-appearance is shown, the Trial Court
shall be authorized to issue non-bailable / bailable warrants to secure his
attendance under intimation to the Registry of High Court.
9. The Trial Court shall also proceed under Section 446 of Cr.P.C. / Section 491
of BNSS, 2023 against such appellant and his surety without any reference to this
Court and without any impediment of the order granting bail. [Chapter XIII Rule
42 Sub-Rule 3 of M.P. High Court Rules, 2008].
10. On arrest / surrender in compliance with the warrant, the appellant shall be
forwarded in custody to undergo sentence of imprisonment under intimation to the
Registry of this Court.
11. I.A. No.15887/2024, an application for urgent hearing also stands disposed
of.
12. Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
N.R.
