Mahfooz Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 9134 MP

                                                                      1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                              CRA No. 6400 of 2019
                                                     (MAHFOOZ KHAN Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 08-07-2022
                                         Shri D.S. Dubey, learned counsel for the appellant.

                                         Shri Piyush Bhatnagar, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.11339/2022, which is the repeat (fourth) application for suspension of sentence and grant of bail to the appellant. His earlier three applications for suspension of sentence and grant of bail was dismissed as withdrawn, however, a liberty was given to revive the prayer after a period of

six months.

T he appellant has been convicted under Sections 394/34, 397/34 and 506-B/34 of IPC and sentenced to R.I.for four years with fine of Rs.500/-, R.I. for seven years, and R.I. for two years with fine of Rs.500/- respectively with default stipulations in ST No.381/2015 by Sessions Judge, Rewa, vide judgment dated 24.07.2019. Substantive sentences to concurrently.

The allegation against the present appellant is that he along with other co- accused has looted gold chains and cash from the shop of one Goldi Soni (PW/2). The appellant has already completed three years of his jail sentence.

Considering the aforesaid, this application (I.A. No.11339/2022) is allowed.

It is directed that if appellant deposits the fine amount and furnishes a surety in the sum of 50,000/- (Fifty Thousand Only) and executes a personal bond in the like amount to the satisfaction of concerned trial Court, the Signature Not Verified SAN execution of the sentence of imprisonment passed against him shall remain Digitally signed by BHARTI GADGE Date: 2022.07.08 16:27:59 IST suspended and he shall be released on bail.

After release, the appellant shall now appear before the Registry of this

Court on 12 th December, 2022 , and on such other dates which normally will not be less than the period of eight months as may be directed to him in this regard till final disposal of this appeal.

However, it is made clear that sentence of fine amount is not suspended. With the above, the application is disposed of. List the appeal for final hearing in due course. Certified copy as per rules.

(NANDITA DUBEY) JUDGE

b

Signature Not Verified SAN

Digitally signed by BHARTI GADGE Date: 2022.07.08 16:27:59 IST