Anis Kha vs The State Of Madhya Pradesh
2023 Latest Caselaw 5875 MP

                                                   1
                           IN THE HIGH COURT OF MADHYA PRADESH
                                         AT INDORE
                                           CRA No. 4828 of 2023
                               (ANIS KHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

              Dated : 11-04-2023
                      Shri Shubham Narvare - Advocate for the appellant.

                      Shri Suhas Pundlik - GA for respondent/State.

Heard on IA No.5003 of 2023, which is an application for dispensing with filing of certified copy of the impugned judgment.

Appellant has filed the true copy of the impugned judgment signed by the Presiding Officer of the concerned Court, therefore, there is no need to file

certified copy.

Therefore, IA No.5003 of 2023 is allowed and filing of certified copy of the impugned judgment is dispensed with.

Also heard on IA No.5001 of 2023, which is an application under Section 389(1) of Cr.P.C. on behalf of the appellants No.1 to 3 Anis Kha, Ajij Kha and Rais Kha for grant of bail and suspension of remaining jail sentence.

Vide judgment dated 16.3.2023 passed by the 1st Addl. Sessions Judge, Sarangpur, District Rajgarh in S.T. No.57/2017, appellants have been convicted

for the offence under Section 325/34 and 323/34 of IPC and sentenced to 2 years R.I. with fine of Rs.1,000/- each and 6 months R.I. with fine of Rs.500/- each, with usual default stipulation.

Learned counsel for the appellants submits that appellants were remained on bail during trial and they did not misuse the liberty given to them. There is a Signature Notstrong Verified case in favour of the appellants. Final conclusion of appeal will take a Signed by: TRILOK SINGH SAVNER long sufficient time. Hence he prays for grant of bail and suspension of Signing time: 12-Apr-23 11:55:32 AM

remaining jail sentence of the appellants till the final disposal of the appeal.

Per contra, learned GA for the respondent/State opposes the application for suspension of sentence and prays for its rejection.

After considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, nature and gravity of the allegation against the appellants and also taking note of the fact that appellants were remained on bail during the trial and they did not misuse the liberty given to them and that final conclusion of this appeal will take a long sufficient time, I deem it proper to suspend the remaining jail sentence of the appellants.

Accordingly, IA No.5001 of 2023 is allowed and the execution of

remaining jail sentence of the appellants No.1 to 3 Anis Kha, Ajij Kha and Rais Kha is hereby suspended till the final disposal of this appeal and it is ordered that the appellants be released on bail on their depositing the fine amount, if not already deposited, and upon furnishing a personal bond for a sum of Rs.75,000/- each with one solvent surety each of the like amount to the satisfaction of the trial Court, with a further direction to appear before the Registry of this Court on 25.10.2023 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Let the record of the court below be requisitioned and the appeal be listed immediately after receipt of record.

C.C. as per rules.

Signature Not Verified                                                        (ANIL VERMA)
Signed by: TRILOK SINGH
                                                                                 JUDGE
SAVNER
Signing time: 12-Apr-23
11:55:32 AM trilok





Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 12-Apr-23
11:55:32 AM