Faisal Khan @ Bagga vs The State Of Madhya Pradesh
2022 Latest Caselaw 5564 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                              CRA No. 2089 of 2022
                  (FAISAL KHAN @ BAGGA Vs THE STATE OF MADHYA PRADESH)

Dated : 18-04-2022
      Shri Ankit Saxena, learned counsel for the appellant.

      Shri    Satyapal    Chadar,    learned    Government      Advocate    for      the
respondent/State.

Shri Satyapal Chadar, learned G.A. takes notice of appeal on behalf of State. Now there is no need to issue notice to the respondent/State.

Trial Court record has been received.

Heard on admission.

This appeal is admitted for final hearing.

Heard on I.A.No. 3717/2022, application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Section 379 of IPC and has been sentenced to 2 years RI by the learned Sessions Judge Bhopal, District Bhopal (MP) vide judgment dated 01.02.2022 passed in S.T. No. 984/2019 (State of MP Vs. Faisal Khan).

Learned counsel for the appellant submitted that appellant has already

undergone the jail sentence for more than six months. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming this appeal for hearing in near future. Sentence is only of two years, therefore, if the jail sentence is not suspended, this appeal would become futile.

T h e prayer is opposed by learned Government Advocate for the respondent/State.

Considering the nature of sentence and contention of learned counsel for the appellant and period already undergone by the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Accordingly, aforesaid I.A.No. 3717/2022 is allowed. The execution of jail sentence of appellant-Faisal Khan @ Bagga is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the

appellant be released on bail on his furnishing a personal bond to a sum of Rs.40,000/- (Rupees forty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 14.09.2022 and also on such other dates, as may be

fixed by that Court in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.04.19 10:46:26 +05'30'