Shaikh Salim vs The State Of Madhya Pradesh on 18 October, 2019

[Cites 2, Cited by 1]

Madhya Pradesh High Court

Shaikh Salim vs The State Of Madhya Pradesh on 18 October, 2019

Bench: Sunil Kumar Awasthi

6
        THE HIGH COURT OF MADHYA PRADESH
                      Cr.A. No.8636/2019
              (Shaikh Salim & Ors. Vs. State of M.P.)
Indore, Dated:18/10/2019
      Shri Imran Khan, learned counsel for the appellants.
          Shri Ankit Khare, learned Public Prosecutor for the
respondent/State.

Heard learned counsel for the parties on IA No.8263/2019, first application under Section 389(1) of the Code of Procedure for suspension of jail sentence moved on behalf of the appellants-Shaikh Salim, Sadiq @ Kala, Arbaz and Akash.

The appellants have been convicted and sentenced by Special Judge (Protection of Children from Sexual Offences Act, 2012), East Nimar-Mandleshwar vide judgment dated 27/09/2019 passed in Special Case No. 240/2018 as under:

Name                 Conviction            Sentence     Fine       In lieu
of appellants                                          amount

Shaikh Salim, Under Section 12 of 6 months RI         Rs.500/-   1 months RI
Sadiq      @ Protection of Children
Kala, Arbaz from   Sexual Offences Act,
              2012.
and Akash

Learned counsel for the appellants submits that the appellants were on bail during trial and they did not misuse the liberty granted to them. The custodial sentence of appellants have already been suspended by the trial Court till 24/10/2019. There are fair chances of success of this appeal and there is no likelihood of hearing of the appeal in near future. If the remaining custodial sentence of the appellants is not suspended then appeal filed by the appellants may turn infructuous. The appellants are ready to deposit the fine amount. Under these circumstances, he prays for suspension of jail sentence and for grant of bail to the appellants.

On the other hand, learned Public Prosecutor for the respondent opposed the prayer and prayed for rejection of the application.

Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellants.

Accordingly, I.A. No.8263/2019 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by appellants-Shaikh Salim, Sadiq @ Kala, Arbaz and Akash in the sum of Rs.50,000/- (Rupees Fifty Thousand only)each with one separate solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 29/01/2020 and on all such subsequent dates, which are fixed in this regard by the registry.



                                                              (S.K. Awasthi)
           skt                                                     Judge

Santosh Kumar Tiwari
2019.10.18 15:20:21 +05'30'

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