Madhya Pradesh High Court

Shahrukh Khan vs The State Of Madhya Pradesh on 5 June, 2025

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1                               CRA-5179-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 5179 of 2025
                                       (SHAHRUKH KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                         Dated : 05-06-2025
                               Shri Sachin Parashar - Advocate for the appellant.

                               Shri S S Kushwaha - P.P. for respondent/State.

Call for the record.

Heard on I.A. No.11038/2025, first application under Section 430 of BNSS for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal under Section 415 of BNSS assails the judgment dated 8.5.2025 passed by Special Judge, POCSO Act Gohad in S.C. No. 11/2023 whereby, appellant has been convicted under Section 11(i)/12 of POCSO Act and under Section 354 (gha) of IPC and sentenced to suffer various terms of sentence, maximum of which is three years of RI with default stipulation and fine.

Learned counsel for the appellant argued that the Court below has wrongly appreciated the evidence and convicted the appellant. There are material contradictions and omissions in the statements of the witnesses.

The appeal is likely to take long time to conclude. The sentence of the appellant is already suspended by the trial Court for a limited period till 8.6.2025. Hence, he prayed to suspend the jail sentence and grant of bail to appellants.

Learned counsel for the respondent/State vehemently opposed the application and prayed for its rejection.

2 CRA-5179-2025 Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties and that short sentence has been awarded to the appellant, without commenting on merits of the case, I.A. No. 11038 of 2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one 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. He is further directed to mark his appearance before the Office of this Court on 25.08.2025 and on subsequent dates given

by the Office in this regard, till final disposal of this appeal.

A copy of this order be sent to the concerned Court below for compliance.

I.A.No.11039/2025,application for urgent hearing during summer vaca tion stands allowed and disposed of.

Certified copy as per rules.

(DWARKA DHISH BANSAL) V. JUDGE

Van