Shadab Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5011 MP

                                   1                              CRR-1960-2021
         The High Court Of Madhya Pradesh
                    CRR-1960-2021
                   (SHADAB KHAN Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 03-09-2021
       Heard through Video Conferencing.
       Shri Sanjay Sarwate, Advocate for the applicant / accused.
       Smt. Shanti Tiwari, PL for the respondent-State.

Record has been received.

Heard on admission.

Admit.

Also heard on I.A.No.15265/2021 filed by the applicant / accused under section 397 (1) of Cr.P.C. for suspension of his jail sentence awarded by the Court of the Sessions Judge, Khandwa in criminal appeal no. 22/21 vide its judgment dated 29.7.2021 convicting the applicant under Section 354-A of the IPC and sentencing him to undergo RI for 1 year along with fine of Rs.1000/- with default stipulation as mentioned in the impugned judgment. Learned counsel for the applicant / accused submits that during trial as well as during pendency of the appeal, the applicant / accused was on bail

and he did not misuse the liberty so far. Further, the applicant is in jail since 29.7.2021. On these grounds, learned counsel has prayed for suspension of execution of jail sentence and grant of bail. Learned PL has opposed the application and prayed for its rejection. Looking to the aforesaid facts and circumstances of the case and further considering the short period of sentence, IA is allowed. It is directed that subject to payment of fine amount, if not already deposited, the execution of jail sentence of the applicant / accused Shadab Khan shall remain suspended during the pendency of this revision and he be released on bail on his furnishing a personal bond for a sum of Rs.40,000/- with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Court of trial court on 20.12.2021 and thereafter on all other such 2 CRR-1960-2021 subsequent dates as may be fixed by the Court in this regard during the pendency of the revision.

In case, the applicant is found absent on any date fixed by the trial court, then the said Court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

List for final hearing in due course as per the listing policy. CC / e-copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.09.03 17:47:01 IST