Sikandar Kharare (Paruche ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 5541 MP

                                    1                               CRA-4576-2021
         The High Court Of Madhya Pradesh
                    CRA-4576-2021
        (SIKANDAR KHARARE (PARUCHE /BALMIK ) Vs THE STATE OF MADHYA PRADESH)

4
Jabalpur, Dated : 16-09-2021

        Heard through Video Conferencing.
        Shri Prakash Upadhyay, learned counsel for the appellant.
        Ms. Shikha Baghel, learned Panel Lawyer for the respondent/State.

Heard on admission.

Appeal seems to be arguable, therefore, admitted for hearing.

Heard on I.A. No. 14228/2021 which is first application filed by the appellant - Sikander Kharare under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 307 of the I.P.C. and sentenced to R.I. for 7 year with fine of Rs.5,000/- with default stipulations.

Learned counsel for the appellant submits that after recording the evidence of complainant, he entered into compromise with the

complainant thus, appellant acquitted from the charge under Section 323 r/w 34 of the I.P.C, this fact has been mentioned by the learned trial Court in the impugned judgment dated 24.07.2021 in para-2. The final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application for suspension of sentence and grant of bail.

Perused the record.

Although, Section 307 of the I.P.C. is non-compoundable offence but looking to the compromise between the appellant and complainant, custody period of the appellant and that the final disposal of this appeal 2 CRA-4576-2021 would take considerable time, I deem it appropriate to suspend the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merits of the case, this application is allowed.

I t is directed that execution of remaining jail sentence of the appellant Sikander Kharare shall remain suspended and they shall be

released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for their appearance before the trial Court firstly on 08.12.2021 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, I.A.No.14228/2021 is allowed. List for final hearing in due course.

Certified copy as per rules.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2021.09.17 13:08:42 IST