Waseem Kha (Khan) vs The State Of Madhya Pradesh
2023 Latest Caselaw 6884 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                    AT GWALIOR

                        CRA NO. 4573 of 2023
           (WASEEM KHA (KHAN) Vs STATE OF MADHYA PRADESH)


Dated : 27-04-2023
      Shri Sushil Goswami - Advocate for appellant.
      Shri A.K. Nirankari - Public Prosecutor for respondent/State.

Heard on I.A. No.5818/2023, which is first application under Section 389(1) of Cr.P.C. moved on behalf of appellant - Waseem Khan seeking suspension of sentence and grant of bail.

Appellant stood convicted under Sections 120-B, 467 and 471 of IPC and sentenced to undergo five years' rigorous imprisonment with a fine of Rs.2,500/- for each offence with default stipulation vide judgment of conviction and order of sentence dated 25.03.2023, passed by Sessions Judge, District Vidisha (M.P.) in S.T. No.18/2017.

Learned Counsel for the appellant submits that the appellant is innocent and has been falsely implicated. He has no criminal antecedents. The learned Trial Judge has not taken into consideration the relevant piece of evidence placed on record. The impugned judgment is based on presumptions and assumptions. The a ppellant has so far undergone almost 5 months' incarceration and he was on bail during trial. The appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future. On these grounds, learned counsel prays that execution of the jail sentence of appellant may be suspended and he may be enlarged on bail.

Per contra, learned Public Prosecutor for the respondent/State opposes the application while supporting the impugned judgment.

Upon hearing learned counsel for the parties, this Court refrains from commenting upon rival contentions so advanced, touching merits of the case, but regard being had to the facts and circumstances and looking to the facts that the appellant was on bail during trial and this appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in the near future, we deem it appropriate to suspend the jail sentence of the appellant. Consequently, I.A. No. 5818/2023 deserves to be and is hereby allowed.

Accordingly, it is directed that the jail sentence of the appellant- Waseem Khan shall remain suspended and he be released on bail subject to verification of depositing the fine amount and on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety in the like amount to the satisfaction of the Trial Court. The appellant is directed to appear before the Registry of this Court, first on 30.06.2023 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf till final disposal of the appeal with following further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order ;

(ii) in case of violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the I.A. No. 5818/2023 stands allowed and disposed of.

Certified copy as per rules.

         (ROHIT ARYA)                            (SATYENDRA KUMAR SINGH)
            JUDGE                                         JUDGE
Abhi
 Digitally signed by
 ABHISHEK CHATURVEDI
 Date: 2023.04.27
 18:09:33 +05'30'