Rasheed Khan @ Babbu Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 2385 MP

The High Court Of Madhya Pradesh CRR No. 592 of 2022 (RASHEED KHAN @ BABBU KHAN Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 21-02-2022 Shri Lalji Kushwah, counsel for the applicant.

Ms. Anchan Pandey, Panel Lawyer for the State. Heard on the question of admission.

Revision is admitted for hearing.

Also heard on I.A.No.3002/2022, which is first application under Section 389(1) of the Code of Criminal Procedure on behalf of applicant for suspension of

sentence and grant of bail.

Applicant stands convicted vide impugned judgment dated 09.02.2022

passed by the 2nd Addl. Sessions Judge, Deosar, District Singrauli, (M.P.) in Cr.A.No. 500135/2016, arising out of the judgment and findings dated 07.11.2016 passed by Judicial Magistrate First Class, Deosar in Criminal Case No. 1306/2012, convicting the applicant for the offence punishable under Section 304-A of the Indian Penal Code and sentenced to undergo RI for two years with fine of Rs. 500/- and default stipulations.

Learned counsel for the applicant submitted that the sentence awarded to the

applicant is of two years. Final disposal of this appeal will take considerable time, therefore, it is prayed that the substantive jail sentence of the applicant be suspended and he be released on bail.

Learned Panel Lawyer for the State has strongly opposed the prayer for suspension of sentence.

Considering the overall facts and circumstances of the case, and the quantum of sentence awarded to the applicant, without commenting on merits, the application is allowed. It is directed that on furnishing a personal bond in the sum of Rs. 40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon the applicant - Rasheed Khan @ Babbu Khan shall remain suspended during the pendency of this case and he shall be released on bail.

The applicant shall appear before the trial Court concerned on 08.07.2022

and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

I.A.No. 3002/2022 stands disposed of.

Record of the Courts below be called for.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE vidya Digitally signed by SREEVIDYA Date: 2022.02.21 16:56:38 +05'30'