Madhya Pradesh High Court
Hammad @ Raja vs The State Of Madhya Pradesh on 4 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12968 of 2023
(HAMMAD @ RAJA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 04-12-2023
Shri S.B. Shrivastava- Advocate for appellants.
Shri D.K. Shrivastava - Government Advocate for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Also heard on I.A. No.24394/2023 this is first application for
suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.
on behalf of appellants - Hammad @ Raja and Sorab Khan.
At the very outset, learned counsel for appellants seek leave of this Court
to withdraw present application with regard to appellant No.1- Hammad @
Raja.
Permission is granted.
Accordingly, present application with respect to appellant No.1-
Hammad @ Raja stands dismissed as withdrawn.
The appellant No.- Sorab Khan has been convicted vide judgment dated
15/09/2023 passed by Second Additional Sessions Judge, Khandwa in S.T.
No. 95/2022 and appellant No.2 has been convicted for offence punishable
under Section 307 of IPC and sentenced to undergo RI for 5 years and to pay
fine amount of Rs. 25,000/- with usual default stipulations.
Learned counsel for the appellant No.2 submits that the trial Court has
not properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellant No.2 for aforesaid offence. Learned
counsel for appellant No.2 submits that the appellant No.2 is neither named in
the Dehati Nalisi nor in FIR. There are fair chances of success of this appeal
and final hearing of same will take considerable time, therefore, if remaining
custodial sentence has not been suspended, then the appeal filed by appellant
No.2 may turn infructuous. Under these circumstances, learned counsel for
appellant No. 2 prays for suspension of jail sentence and release of the appellant
No.2 on bail till the final disposal of the appeal.
O n the other hand, learned Government Advocate has opposed the
application and prays for its rejection.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that appellant No.2 is neither named in Dehati Nalisi nor in the FIR
and according to listing policy the hearing of this appeal will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against appellant No.2 -Sorab Khan shall remain suspended
during the pendency of this appeal subject to depositing entire fine amount, if
already not deposited and upon his furnishing personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like
amount to the satisfaction of the trial Court for securing his presence before
the trial Court on 01/02/2024 and on such further dates as may be fixed by trial
Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
