Pappu @ Sartaj Kha (Madari) vs The State Of Madhya Pradesh
2022 Latest Caselaw 13425 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 9007 of 2018
                                   (PAPPU @ SARTAJ KHA (MADARI) AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-10-2022
                                   Mr. Ashok Jain, learned counsel for the appellants.

                                   Mr. Purshottam Tanwar, learned Panel Lawyer for the respondent - State.

Admit.

I.A. No. 22850 of 2021, an application for change of counsel, is taken up, considered and allowed for the reasons mentioned.

Heard o n I.A. No. 14342 of 2022, first application under Section 389

(1) of CrPC for suspension of jail sentence and grant of bail to appellants No. 1 and 2 - Pappu @ Sartaj and Chand Miya respectively.

This Criminal Appeal assails the judgment dated 01.11.2018 passed by Special Judge, M.P.D.V.P.K. Act, Gwalior (M.P.) in Special Sessions Trial No.32/2014, whereby appellants No. 1 and 2 have been convicted under Section 397 of IPC and have been sentenced to undergo rigorous imprisonment of ten years with fine of Rs.2,000/-, with default stipulation.

Learned counsel for appellants No. 1 and 2 submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the

case. He further submits that both the appellants have served more than five years of incarceration out of total jail sentence of ten years i.e. 1/2 of the total jail sentence. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to appellants No. 1 and 2.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Signature Not Verified Signed by: ALOK KUMAR Signing time: 13-Oct-22 11:47:38 AM

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for appellant No. 1 and 2 as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 14342 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of them furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellants No. 1 and 2 - Pappu @ Sartaj and Chand Miya respectively shall remain suspended and they be

released on bail. Appellants No. 1 and 2 are further directed to mark their appearance before the Office of this Court on 19.12.2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 13-Oct-22 11:47:38 AM