Habib Kha @ Chotiya vs The State Of Madhya Pradesh
2022 Latest Caselaw 7446 MP

HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                 Criminal Revision No.1365/2022
             (Habib Kha @ Chotiya & Anr.Vs. State of M. P.)
                                 -1-

Indore, dated 19/05/2022
      Shri Akhil Godha, learned counsel for the applicants.
      Shri   Hitendra    Tripathi,   learned     Deputy       Government
Advocate for the respondent / State.

IA.No.7058/2022 is an application for hearing during vacation. On due consideration, the same is allowed.

Heard on the question of admission.

The revision is admitted for final hearing. Also heard on I.A. Nos.5808/2022 and 5806/2022, which are the applications under Section 397 of the Cr.P.C. for suspension of custodial sentence on behalf of applicants -Habib Kha @ Chotiya and Firoz Kha @ Bhatta respectively.

Each applicant stand convicted vide judgment dated 06/04/2022 passed by Session Judge, Shajapur (M.P.) in Criminal Appeal Nos.69/2021 (Habib Kha) and 74/2021 (Firoz Kha) for the offence punishable under Section 324/34 (2 counts) of the Indian Penal Code, 1860 and they have been sentenced to undergo 06 months RI with fine of Rs.1,000/- with default stipulation.

Counsel for the applicants submit that applicants were on bail during the trial and they have not misused the liberty granted to them. Looking to old pendency of the cases for consideration, final HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Revision No.1365/2022 (Habib Kha @ Chotiya & Anr.Vs. State of M. P.)

conclusion of the case would take sufficient long time. There is a strong case in favour of the applicants. In view of the statement of injured and other prosecution witnesses and medical evidence, offence is not established against the applicants. Hence, the execution of the remaining part of the jail sentence be suspended.

Per contra learned counsel for the State opposes the application and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation against the applicants and also taking note of the fact that applicants were on bail during the trial and there is no complaint that they have misused the liberty granted to them. Final conclusion of the revision will take long sufficient time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the custodial sentence of the applicants.

Accordingly, I.A. Nos.5808/2022 and 5806/2022 are allowed and it is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond by the applicants each in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court for their appearance before the Registry of this Court, the execution of remaining HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Revision No.1365/2022 (Habib Kha @ Chotiya & Anr.Vs. State of M. P.)

custodial part of the sentence of the applicants shall remain suspended till final disposal of this revision.

The applicants after being enlarged on bail shall mark their presence before the Registry of this Court on 01/11/2022 and on all such subsequent dates, which are fixed in this behalf.

With the aforesaid, I.A. Nos.5808/2022 and 5806/2022 stand disposed of.

Registry is directed to list the matter for final hearing in due course.

Certified copy as per rules.

(ANIL VERMA) VACATION JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2022.05.19 18:04:46 +05'30'