Yunis Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2827 MP

                                THE HIGH COURT OF MADHYA PRADESH
                                    Criminal Appeal No.2697/2021

                                 (Yunis Khan Vs. State of Madhya Pradesh)

Jabalpur, Dated : 29.06.2021
             Shri Sankalp Kochar, learned counsel for the appellant.
             Shri             Shailesh   Khampariya,   learned   Panel   Lawyer   for   the
respondent/State.

Heard on I.A. No.6373/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

Appellant has been convicted under Section 394 of IPC and sentenced to R.I. for 5 years and fine of Rs.500/- with default stipulation, by the trial Court vide judgment dated 09.04.2021 passed in S.T. No.100141/2013.

Learned counsel for the appellant submitted that the appellant has been falsely implicated. He was on bail during trial and he had never misused the liberty granted to him. At present he is in custody and there is no likelihood of coming up of this revision for final hearing in near future. It is further submitted that the jail sentence of other co-accused has already been suspended by this Court in CRA NO.2553/2014 on 12.12.2014. Appellant's case is on better footing than of the other co-accused. Hence, the jail sentence of the appellant be suspended and he be released on bail.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and grant of bail.

Looking to the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case I.A. No.6373/2021 is allowed. Remaining jail sentence of appellant is hereby suspended.

It is directed that appellant on furnishing a personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand Only) along with one surety in the like amount to the satisfaction of trial Court of his appearance before the Registry of this Court on 25.08.2021, and on such other dates as may be fixed in this regard by the office during the pendency of this appeal.

It is made clear that sentence of the amount is not suspended. Certified copy as per rules.

(Satyendra Kumar Singh) Judge RC

MRS RASHMI CHIKANE PASWAN 2021.06.30 11:18:35 +05'30'