Jawaed Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 5356 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 3081 of 2019 (JAVED KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2022 Mr. Pushpendra Dubey, learned counsel for the appellant.

Ms. Garima Tiwari, learned Panel Lawyer for the State. Considered I.A.No.10194/2021, which is second application under section 389(1) of Cr.P.C. for grant of suspension of sentence and grant of bail on behalf of appellant- Javed Khan.

B y the impugned judgment dated 03.01.2019 passed by 23th Additional

Sessions Judge, Bhopal in Sessions Trial No.371/2018 the appellant has been convicted for offences under Section 376(2) of the Indian Penal Code and sentenced to undergo R.I. for 10 years and fine of Rs.2,000/- with default stipulation.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has erred in passing the impugned judgment without properly appreciating the oral and documentary evidence available on record. The appellant is aged bout 19 years and he is the first offender. He is in custody since 30.03.2018. The final disposal of this

appeal would take considerable time. Hence, the remaining jail sentence of the appellant be suspended and he be released on bail.

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

Considering the custody period of the appellant and other facts against the prosecution story; without commenting on merits of the case, the application is allowed.

I t is directed that execution of remaining jail sentence of the appellant - Javed Khan shall remain suspended and he shall be released on bail on his 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.

The appellant shall appear before the trial Court on 16.08.2022 and on all such subsequent dates, as may be fixed in this regard.

Accordingly, I.A.No.10194/2021 is allowed. List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

shahina

Signature Not Verified SAN

Digitally signed by SHAHINA KHAN Date: 2022.04.12 18:58:50 IST