Azad Kha vs The State Of Madhya Pradesh
2022 Latest Caselaw 8361 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR

                       CRA No. 4499 of 2022
                 (AZAD KHA Vs THE STATE OF MADHYA PRADESH)




Gwalior, Dated:23.06.2022
      Shri G.S. Tiwari, learned counsel for the appellant.

      Shri Pramod Pachouri, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.8086/22, an application under Section 389 of

Cr.P.C. filed by appellant for suspension of sentence and grant of bail.

Vide judgment dated 24.11.2021 passed by 17th Additional

Sessions Judge, Gwalior in S.T.No.431/2016 by which the appellant

has been convicted for the offence under Sections 304 Part II of IPC

and sentenced to under go R.I. of five years with fine of Rs.3000/- in

default stipulation.

During trial, appellant was in custody for 121 days.

In brief, prosecution case is that on 06.10.2016 at 8 P.M.

appellant/accused Azad Kha had a quarrel with complainant Rahiz

Khan due to mobile. He abused him and kicked on his stomach. After

2-3 days on 10.10.2016, he went to J.A. Hospital for treatment. On

information, offence under Sections 294, 323, 506 of IPC was

registered. Thereafter, on 23.10.2016, he died. Offence under Section

302 of IPC was enhanced.

From the side of appellant/accused, it is submitted that appellant

has been falsely implicated. Fine amount has been deposited.

Therefore, prayed for grant of suspension of sentence.

Heard learned counsel for the parties at length.

Considering the aforesaid facts and circumstances of the case,

without commenting anything on merits of the case, I.A.No.8086/22

is allowed. Subject to verification of fine amount amount deposited

by the appellant and on furnishing a personal bond in the sum of

Rs.25,000/- (Rupees Twenty five thousand only) with

one solvent surety in the like amount to the satisfaction of the

concerned trial Court, the remaining jail sentence of the appellant

shall remain suspended and he shall be released on bail.

The appellant shall firstly appear before the Registry of this

Court on 12.09.2022 and thereafter on all other subsequent date

as may be fixed by the Registry in this regard, till disposal of this

appeal.

C.C.as per rules.

                                                (Deepak Kumar Agarwal)
mani                                                  Judge

SUBASRI MANI
2022.06.24
12:06:03
-07'00'