Nanne Khan @ Hanif Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 6705 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 866 of 2017
                                   (NANNE KHAN @ HANIF KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 25-04-2023
                                  Shri Santosh Kumar Meena, learned counsel for the appellant.

                                  Amit Rawal, learned Government Advocate for the respondent/State.

Shri Aman Mourya, learned counsel for the Respondent [COMP].

Heard on I.A. No. 2027/2023 which is first bail application filed under Section 389 of Cr.P.C. for suspension of custodial sentence on behalf of

appellant No. 9 Lake Khan S/o Varis Khan.

The appellant No. 9 stands convicted vide judgment dated 28/03/2017 passed by First Additional Sessions Judge, Sujalpur (M.P.) in S.T. No.88/2013 under Sections 302/149 of I.P.C. (4 counts) and have been sentenced to undergo life imprisonment with fine of Rs.5,000/- with default stipulation, under Sections 325/149 of I.P.C. and have been sentenced to undergo three years R.I. with fine of Rs.2,000/- with default stipulation and under Section 147 of I.P.C. and have been sentenced to undergo two years R.I. with fine of Rs. 1,000/- with default stipulation.

The appellant has applied for suspension of sentence solely on the ground that he has completed more than 12 years 9 months custody in the jail and co-accused Mustak Khan has been granted suspension of sentence by the Apex Court in Criminal Appeal No. 1173/2023 (Mustak Khan Vs. State of Madhya Pradesh) which is reproduced as under :-

Leave granted. We have heard learned counsel for the parties.

Considering the fact that the co-accused have been granted Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 26-04-2023 10:22:21

bail and the appellant has completed 10 years and 1 month without remission and 12 years 9 months with remission and there is no likelihood of appeal pending before the High Court being decided expeditiously, we are inclined to release the appellant on bail.

Accordingly, the appellant be released on bail on such terms and conditions as the trial Court may deem fit and proper to impose.

The appeal stands disposed of.

Learned Government Advocate for the respondent/State opposes the

prayer for suspension of remaining jail sentence of appellants.

Heard.

In order to maintain parity as co-accused Mustak Khan has already been granted the benefit of suspension of sentence by Apex Court vide order dated 18.04.2023 passed in CRA.No.1173/2023 and that this appeal is of the year 2017 and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case, the IA Nos. 2027/2023 is allowed and execution of remaining jail sentence of the appellant No. 9 Lake Khan S/o Varis Khan is hereby suspended till the final disposal of this appeal and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Registry of this Court on 12.7.2023 and on all such subsequent dates, which are fixed in this regard by the Registry.

Certified copy as per rules.

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 26-04-2023 10:22:21

(VIVEK RUSIA) (SUBODH ABHYANKAR) JUDGE JUDGE

Vindesh

Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 26-04-2023 10:22:21