Rauf Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4690 MP

-1-                                             CRA No.4852/2021

  HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                          CRA NO.4852/2021
       Rauf Khan s/o Hazari Khan & six others vs. State of M.P
25.08.2021: (Indore):
      Shri R.C.Gangare, learned counsel for the appellants.
      Ms.Chitralekha Hardia, learned Panel Advocate for the State.
      Let trial court record be requisitioned and the appeal be listed
for admission along with the record.
      Heard on IA No.22752/2021, an application for suspension of
sentence on behalf of the appellants.
      Appellants have filed this appeal against the judgment dated
30.07.2021 passed by IInd ASJ, Shujalpur, district Shajapur in
Sessions Trial No.52/2016 whereby the learned trial Court has
convicted the appellants under sections 148 & 323/149 (on 2 counts)
of the IPC and sentenced each of them to undergo RI for 2 years with
fine of Rs.500/-, RI for six months with fine of Rs.500/- and RI for six
months with fine of Rs.500/- respectively with further default
stipulation.
      Learned counsel for the appellants submits that the trial Court
has committed an error in appreciating the evidence and convicting the
appellants. The appellants were on bail during trial and they never
misused the liberty granted by the court. The hearing of this appeal
would likely to take long time, hence prayed for suspension of
sentence and release of appellants on bail.
      On the other hand, learned counsel for the respondent/State has

opposed the prayer.

Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellants shall remain suspended and they be released on bail upon each of them depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Registry

-2- CRA No.4852/2021

of this Court on 27.01.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

                                             (VIVEK RUSIA)
      Digitally signed by HARI                  JUDGE
      KUMAR C G NAIR
      Date: 2021.08.25 17:33:10
      +05'30'
hk/