Iliyas Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7568 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 4546 of 2022
               (ILIYAS KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 02-06-2022
      Shri Santosh Sahu, learned counsel for the appellants.

      Shri Pramod Kumar Choubey, learned Deputy Government Advocate
for the respondent/State.

Trial Court record has been received.

Heard on admission.

Prima facie this appeal seems to be arguable. Hence, admitted for final

hearing.

Also heard on I.A.No.8943/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant pending the appeal.

T h e appellant has been convicted for commission of offence under Section 333 in alternative 333/34 of IPC and has been sentenced to undergo R.I for 3 years and fine of Rs.1000/- with default stipulation by the learned Second Additional Sessions Judge, Betul District Betul vide judgment dated 05.05.2022 passed in Sessions Trial No.400370/2014 (State of MP Vs. Iliyas Khan and

another).

Learned counsel for the appellants has submitted that appellants have been released on bail till 05.06.2022 by the trial Court. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel further submitted that appellants have fair chance to succeed in appeal. There is no possibility of coming this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this

appeal would become futile.

O n the other hand, learned Dy. Government Advocate for the respondent/State has opposed the prayer for grant of bail to the appellants.

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

Consequently, I.A.No.8943/2022 is allowed. The execution of jail sentence of appellants-Iliyas Khan and Aslam is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of

Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 26.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) V. JUDGE

b Digitally signed by BIJU BABY Date:

2022.06.02 18:01:14 +05'30'