Madhya Pradesh High Court

Shajid Shah @ Fakir vs The State Of Madhya Pradesh on 1 May, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                                   CRA-4567-2018
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                      CRA No. 4567 of 2018
                                          (SHAJID SHAH @ FAKIR Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-05-2025
                                Shri Santosh Kumar Meena - Advocate for the appellant.
                                Shri Sudeep Bhargava - Dy. A.G. for respondent/State.

Heard on IA No.1798/2025, which is the third application filed under Section 389 of Cr.P.C. on behalf of the appellant-Shajid Shah @ Fakir for grant of bail and suspension of remaining jail sentence.

Vide judgment dated 28.4.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities Act, Shajapur in Special Case No.600224/16, appellant has been convicted for the offence under Sections 363, 366-A, 376(2)(n), 376(2)(i), 506-B of IPC, Section 5(L)/6 of POCSO Act & Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo 5 years RI with fine of Rs.2000/-, 5 years RI with fine of Rs.2000/-, 10 years RI with fine of Rs.5000/-, 10 years RI with fine of Rs.5000/-, 3 years R.I. with fine of Rs.2000/-, 10 years RI with fine of Rs.5000/- & Life Imprisonment with fine of Rs.5000/-, respectively, with usual default

stipulation.

Learned counsel for the appellant submits that appellant has completed more than 9 years of jail incarceration. At the time of incident the appellant was aged about 22 years and most of his period of youth has been spent in jail. This appeal is of the year 2018 and there is no likelihood of its early hearing in near future. In such circumstances he prays for grant of bail and

2 CRA-4567-2018 suspension of remaining jail sentence of the appellant till the final disposal of this appeal.

Per contra, learned Government Advocate for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and taking note of the fact that appellant has completed more than 9 years of jail incarceration coupled with the fact that final conclusion of this appeal will take considerable time, we deem it appropriate to suspend the remaining jail sentence of the appellant.

Accordingly, IA No.1798/2025 is allowed and the execution of remaining jail sentence of the appellant-Shajid Shah @ Fakir is hereby suspended till the final disposal of this appeal and it is ordered that the

appellant be released on bail on his depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.50,000/- 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 25.8.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

C.C. as per rules.

(VIVEK RUSIA) (GAJENDRA SINGH) JUDGE JUDGE trilok