Aabid @ Monu Khan vs The State Of Madhya Pradesh on 10 July, 2026

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    Aabid @ Monu Khan vs The State Of Madhya Pradesh on 10 July, 2026

                   ITEM NO.2                       COURT NO.13                     SECTION II-E
    
                                      S U P R E M E C O U R T O F           I N D I A
                                              RECORD OF PROCEEDINGS
    
                Petition(s) for Special Leave to Appeal (Crl.) No(s). 12008/2026
    
         [Arising out of impugned final judgment and order dated 12-05-2026
         in IA No. 1530/2026 passed by the High Court of Madhya Pradesh
         Principal Seat at Jabalpur]
    
         AABID @ MONU KHAN                                                       Petitioner(s)
    
                                                        VERSUS
    
         THE STATE OF MADHYA PRADESH & ANR.                                      Respondent(s)
    
    
         IA No. 188092/2026 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
         JUDGMENT
    

    IA No. 188093/2026 – EXEMPTION FROM FILING O.T.

    Date : 10-07-2026 This matter was called on for hearing today.

    SPONSORED

    CORAM : HON’BLE MR. JUSTICE K.V. VISWANATHAN
    HON’BLE MR. JUSTICE ALOK ARADHE

    (PARTIAL COURT WORKING DAYS BENCH)

    For Petitioner(s) :Mr. Prathvi Raj Chauhan, AOR
    Mr. Venkatesh Rajput, Adv.

    Mr. Vipul Kumar, Adv.

    For Respondent(s) :Mr. Rudraditya Khare, DAG
    Mr. Surjeet Singh, Adv.

    Ms. Mrinal Gopal Elker, AOR

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Heard Mr. Prthvi Raj Chauhan, learned counsel for

    the petitioner and Mr. Rudraditya Khare, learned counsel
    Signature Not Verified

    appearing for the respondent, on advance notice.
    Digitally signed by
    Deepak Guglani
    Date: 2026.07.10
    16:55:41 IST
    Reason:

    2. In the impugned order, High Court has denied

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    suspension of sentence, pending the disposal of the

    criminal appeal. The petitioner stands convicted for the

    offence under Section 376(1) of the Indian Penal Code, 1860

    (for short, ‘IPC’), and sentenced to undergo imprisonment

    for 10 years and further been directed to pay a fine of Rs.

    5,000/-.

    3. Learned counsel submits that the petitioner has

    already undergone three years and six months in custody.

    Learned counsel submits that the sentence imposed is a

    fixed sentence and the appeal is likely to take a

    considerable amount of time. Learned counsel also draws

    attention to the deposition of the prosecutrix to contend

    that, prima facie, the appellant (petitioner herein) has a

    reasonable chance of success in the appeal.

    4. We have heard learned counsel for the parties. We

    have perused the records including the deposition of the

    prosecutrix.

    5. Considering that the sentence is a fixed sentence

    and the fact that the petitioner has undergone three years

    and six months, and also having perused the evidence of PW-

    1, we are inclined to suspend the sentence of the

    petitioner pending appeal.

    6. We direct that the pending hearing of Criminal

    Appeal No. 691 of 2026 by the High Court of Madhya Pradesh

    at Jabalpur, the sentence is suspended and the petitioner

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    is enlarged on bail in connection with FIR No. 50 of 2023,

    registered with Garh Police Station, District Rewa, Madhya

    Pradesh, for the offences punishable under Sections 376(1)

    of the Indian Penal Code, 1860.

    7. The Special Leave Petition is disposed of in the

    above terms.

    8. Pending application(s), if any, shall also stands

    disposed of.

      (RAHUL KUMAR)                                (MANOJ KUMAR)
    COURT MASTER (SH)                           COURT MASTER (NSH)
    
    
    
    
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