Kallan Hussain vs The State Of Madhya Pradesh
2022 Latest Caselaw 7855 MP

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                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 2266 of 2022
                                                  (KALLAN HUSSAIN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 15-06-2022
                                            Shri B.J. Chourasia, learned counsel for the appellants.

                                            Shri Akhilendra Singh, learned Govt. Advocate for the respondent-State.

Heard on I.A.No.3990/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellants Kallan Hussain and Smt. Vinita.

This appeal has been preferred against the judgement dated 26.02.2022

passed by the Special Judge, SC/ST (Prevention of Atrocities) Act in S.T. No.215/2012 whereby learned Judge found the appellants guilty for the offence punishable under Sections 420 r/w 120-B, 467 r/w 120-B and 468 r/w 120-B of IPC and sentenced both of them to undergo R.I. for 4 years with fine of Rs.500/-, R.I. for 4 years with fine of Rs.500/- and R.I. for 4 years with fine of Rs.500/- with default clause, .

Learned counsel for the appellants submitted that appellants are innocent and have falsely been implicated in the offence. Only allegation against the appellants are that they were the witness of the registered sale deed dated

20.12.2011 (Exhibit P/4) but in Exhibit P/4 it is not mentioned that appellants identified the seller of the land. Even the purchaser Mohd. Nafees (PW/16) admitted in his court statement that appellants did not know Tejpal, Rampal and Prem Bai and they became witness of the sale deed at the instance of him and they did not get any monetary benefit on that registry and they are not involved Signature Not Verified SAN in the crime. Learned trial Court without appreciating all these facts wrongly Digitally signed by RANJEET AHIRWAL Date: 2022.06.15 17:43:19 IST found appellants guilty for the aforesaid offences. Appellants are in custody

since the date of judgment i.e. 26.02.2022. Hence prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal will take time.

On the other hand, learned counsel for the State opposed the prayer and submitted that from the prosecution evidence the guilt of the appellants was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellants. So the sentence of the appellants should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that appellants are in custody since

26.02.2022 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellants shall remain suspended during the pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 14.11.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

The appeal has already been admitted so list the matter for final hearing in due course.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

Signature Not Verified SAN (ra)

Digitally signed by RANJEET AHIRWAL Date: 2022.06.15 17:43:19 IST