Ismail @ None Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6891 MP

                                       1


      HIGH COURT OF MADHYA PRADESH : JABALPUR
                    Criminal Revision No. 2495/2021
             (Ismail @ None Khan vs. State of M.P. & Others)
Jabalpur, dated : 27/10/2021
      Shri K.S. Rajpoot, learned counsel for the petitioner.
      Shri    Nagendra      Solanki,   learned   Panel   Lawyer    for   the
respondents/State.

Heard on admission.

Revision appears to be arguable, therefore, admited for hearing. Also heard on I.A.No. 17991/2021, which is an application under Section 389 (1) of CrPC for suspension of sentence of the petitioner.

2. By way of present revision under Section 397/401 of CrPC, the petitioner has challenged the judgment and order dated 25/09/2021 passed by Sessions Judge, Panna. Vide said judgment, the petitioner has been convicted and sentenced as under :

 Conviction                                Sentence
498(A)       of 1 year RI        Fine Rs.2,000/-      Default- 1 month RI
IPC

3. The petitioner is husband of the complainant who has been acquited by the trial court but has been convicted by the appellate court under section 498 (A) of IPC.

4. It is argued by the counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He has no criminal past. He is permanent resident of the district Panna. There is no possibility of his absconding. He is ready to furnish adequate surety and to abide by all the terms and conditions as may be imposed by the Court, therefore, custodial sentence of the petitioner be suspended.

5. Per contra, learned Panel Lawyer has opposed the prayer.

6. I have heard the submission of learned counsel for the parties.

7. On due consideration of the evidence produced by the prosecution before both the courts below, I deem it appropriate to suspend the sentence of the petitioner, therefore, without discussing the merits in detail, I.A.No.17991/2021 is allowed.

8. It is directed that on deposit of entire fine amount, if not already deposited and on furnishing personal bond to the tune of Rs.30,000/- (Thirty thousand rupees) with one surety in the like amount to the satisfaction of the Trial Court for appearance of the petitioner before the trial Court on 4/01/2022 and on subsequent dates as may be fixed by the trial Court, the execution of substantial jail sentence imposed on the petitioner namely Ismail @ None Khan shall remain suspended, till final disposal of this revision.

9. In the event of non-appearance of the petitioner, the trial Court shall be at liberty to take coercive steps against him to secure his presence under the intimation of this Court.

10. Let the revision be listed for final hearing in due course.

(VIRENDER SINGH) JUDGE Navin

Digitally signed by NAVEEN NAGDEVE Date: 2021.10.28 15:42:14 +05'30'