Sultan Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 328 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                  Cr. A. No.7420 of 2021
    Sultan Khan and Karansingh Gurjar Vs. State of M.P.

Indore, Dated:- 06/01/2022
      Shri Imityaz Ahmad, Counsel for the appellants - Sultan

Khan and Karansingh Gurjar.

      Shri Chetan Jain, Counsel for the respondent/State.

Heard on IA No.235/2022, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension

of jail sentence and grant of bail filed on behalf of the appellants.

The present appellants have been convicted and sentenced

by Special Judge SC/ST Act, Rajgarh (Biaora) (MP) in Special

Case No.02/2018 vide judgment dated 26.11.2021, as under: -

       Conviction                           Sentence
   Section       Act         RI             Fine    Imprisonment
                                           amount   in lieu of fine
  323     IPC, 1860       1 year       -            -
  read
  with 34
  3(2)       SC/ST Act    1 year       Rs.500/-     6 months RI
  (Va)

Counsel for the appellants has submitted that after

conviction, the jail sentence of the appellants have already been

suspended by the trial Court itself up to 06.1.2022. It is further

submitted that there are fair chances of success in the appeal,

there is no possibility of early disposal of this appeal in near

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.7420 of 2021 Sultan Khan and Karansingh Gurjar Vs. State of M.P.

future; and if the sentence is not suspended, then the present

appeal filed by the appellants may turn infructuous. Under these

circumstances and looking to the short sentence imposed on the

appellants, counsel for the appellants prays for suspension of jail

sentence of the appellants and grant of bail to them.

Counsel for the respondent / State of Madhya Pradesh

opposes the application by submitting that no sufficient ground is

made out for releasing the appellants on bail, hence, the

application filed by the appellants be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is

of the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of

the case, IA No.235/2022 is allowed and it is directed that on

their furnishing a personal bond in the sum of Rs.50,000/-

(Rupees fifty thousand only) each with separate solvent sureties

in the like amount to the satisfaction of the learned trial Court,

for their regular appearance before concerned trial Court, the

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.7420 of 2021 Sultan Khan and Karansingh Gurjar Vs. State of M.P.

execution of the custodial part of the sentence imposed against

the appellants shall remain suspended, till the final disposal of

this appeal.

The appellants, after being enlarged on bail, shall mark

their presence before the concerned trial Court on 10.02.2022

and on all such subsequent dates, as may be fixed by the

concerned Court in this regard.

Let the record of the case from the concerned trial Court be

requisitioned; and list the matter on the question of admission

soon thereafter.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2022.01.06 17:38:31 +05'30'