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Nishar Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4797 MP

Citation : 2021 Latest Caselaw 4797 MP
Judgement Date : 27 August, 2021

Madhya Pradesh High Court
Nishar Khan vs The State Of Madhya Pradesh on 27 August, 2021
Author: Rajeev Kumar Dubey
                                                                          1                                CRA-4411-2021
                                                The High Court Of Madhya Pradesh
                                                           CRA-4411-2021
                                                          (NISHAR KHAN Vs THE STATE OF MADHYA PRADESH)

                                      2
                                      Jabalpur, Dated : 27-08-2021
                                             Heard through Video Conferencing.
                                             Appellant Nishar Khan is present in person.
                                             Learned counsel for the appellant is not present.
                                             None for the respondent/State.

Record has been received.

Appellant is directed to make complainant as a party in the proceeding within a week.

State counsel is also directed to comply with the provisions of Section 15-A(III) of SC/ST (Prevention of Atrocities) Act.

Heard on I.A. No.13813/2021, which is an application U/S.389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Nishar Khan.

This appeal has been preferred against the judgment dated 14/07/2021 passed by Special Judge (Atrocities) Balaghat (M.P.) in Special

Case No.200071/2016 whereby learned Special Judge (SC/ST Act) found appellant guilty for the offences punishable under Section 3 (1)(W)(ii) of SC/ST (Prevention of Atrocities) Act and sentenced him to undergo R.I. for 1 year with fine of Rs.2,000/- with default stipulation.

It appears from the record that learned trial court has suspended the jail sentence of the appellant till 27/08/2021. So, looking to the facts and circumstances of the case, as an interim measure it is directed that the execution of the jail sentence alone passed against the appellant - Nishar Khan shall remain suspended till next date of hearing and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the Signature Not Verified SAN trial Court.

Digitally signed by RANJEET AHIRWAL Date: 2021.08.27 17:03:56 IST 2 CRA-4411-2021 List this case for consideration of I.A. No.13813/2021 as well as for admission on 27/09/2021. On that date appellant shall remain present in person before this Court.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

(ra)

Signature Not Verified SAN

Digitally signed by RANJEET AHIRWAL Date: 2021.08.27 17:03:56 IST

 
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