Talib vs The State Of Madhya Pradesh
2022 Latest Caselaw 13865 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1625 of 2022 (TALIB Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 27-10-2022 Mr.Ankit Agnihotri, learned counsel for the appellant.

Mr.K.S.Patel, learned P.L. for the State. Considered I.A.No.17375/2022, which is second application for suspension of sentence and grant of bail on behalf of appellant-Talib Khan. The first interlocutory application was dismissed on 25.2.2022.

Vide impugned judgment dated 24.12.2021 passed by ASJ, Chorai,

District Chhindwara in SC/82/2020 the appellant has been convicted for offences under sections 363 & 366 of IPC and sentenced to undergo RI No.05 & 05 years and fine of Rs.500/- & Rs.500/- respectively.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The jail sentence of main accused-Aameer has been suspended by this Court vide order dated 02.9.2022. Final disposal of this appeal would take considerable time.

Learned P.L. for the State has strongly opposed the prayer. Considering the over all facts and circumstances of the case; the sentence of main accused has been suspended by this Court; principles of parity and final disposal of this appeal would take considerable time; the application is allowed.

Signature Not Verified SAN I t is directed that subject to depositing the fine amount, if not already Digitally signed by RAJESH MAMTANI Date: 2022.10.27 18:04:30 IST deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees

Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant-Talib shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 02.02.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.The appellant shall regularly appear before the trial Court, on each and every date, without fail.

List this case for final hearing in due course.

SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.10.27 18:04:30 IST