Bobby Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8985 MP

                                                                     01

           THE HIGH COURT OF MADHYA PRADESH
                            Cr.A-7483/2021
                     (Bobby Khan Vs. State of M.P.)

Gwalior, Dated: 20.12.2021
         Shri Sugam Gupta, Counsel for the appellant.

         Shri Ramadhar Choubey, Public Prosecutor for the respondent/

State.

Heard on admission.

Appeal being arguable, is admitted for final hearing.

Also heard on IA No.32993/2021, first application under Section

389 of CrPC filed on behalf of appellant for suspension of sentence and

grant of bail.

Vide judgment dated 30.11.2021 passed by Sessions Judge,

Morena District Morena in Sessions Trial No.242/2018, the appellant

has been convicted under Section 308 of IPC and sentenced to undergo

for two years R.I., Section 25 (1-B) (A) of Arms Act and sentenced to

undergo two years R.I. and 27(1) of Arms Act and sentenced to undergo

three years R.I. with fine of Rs.20,000/-, Rs.5000/- and Rs.5000/-

respectively, with default stipulation.

It is submitted by counsel for the appellant that the appellant

was on bail during trial and did not misuse the liberty granted to him.

Fine amount has already been deposited by the appellant. The trial

Court has already suspended the jail sentence of appellant till

31/12/2021.

On the other hand, the application is opposed by the State

Counsel.

Considering the aforesaid facts and circumstances of the case,

coupled with the fact that sentence of the appellant has already been

suspended by the Trial Court till 31.12.2021, the application for

suspension of sentence is allowed. Subject to verification of fine

amount amount deposited by the appellant and on furnishing a

personal bond in the sum of Rs.25,000/- (Rupees twenty five

thousand only) with one solvent surety in the like amount to the

satisfaction of the trial Court/CJM/Remand Magistrate (whosoever is

available) the remaining jail sentence of the appellant shall remain

suspended and he shall be released on bail.

This order shall remain in force till conclusion/final disposal of

the present appeal.

The appellant shall now appear before the Registry of this

Court on 28th March, 2022 and on all other subsequent dates as may

be fixed by the Registry in this regard.

CC as per rules.

                                                  (Deepak Kumar Agarwal)
               ojha                                      Judge


YOGENDRA OJHA
2021.12.21
14:44:29 +05'30'