Hanif Khan @ Haaroon Khan And Sheru Khan @ ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 20509 MP

Madhya Pradesh High Court

Hanif Khan @ Haaroon Khan And Sheru Khan @ ... vs The State Of Madhya Pradesh on 5 December, 2023

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 14489 of 2023
                           (HANIF KHAN @ HAAROON KHAN AND SHERU KHAN @ FIROZ KHAN AND OTHERS Vs THE STATE OF
                                                     MADHYA PRADESH AND OTHERS)

                          Dated : 05-12-2023
                                Shri V.K. Agrawal - Advocate for the appellants.

                                Shri R.S. Yadav - Public Prosecutor for the respondents/State.

Order on appeal.

Heard learned counsel for appellant on admission. The appeal is admitted for final hearing.

Order on I.A. No.21249/2023.

The application filed by the appellants under Section 389(1) of Cr.P.C. fo r grant of bail to the appellants arising out of judgment dated 7.11.2023 delivered in SST No.344/2016 passed by Special Judge, SC/ST (PA) Act, 1989 in connection with Crime No.474/2016, registered at Police Station Kurwai, District Vidisha.

T h e appellants have been convicted under Section 324 of IPC r/w Section 3(2)(v-a) of SC/ST Act and sentenced to undergo RI for 6 months with fine of Rs.500/-, under Section 3(1)(r) of SC/ST Act r/w Section 34 of IPC and

sentenced to undergo RI for 6 months with fine of Rs.500/- and under Section 3(1)(s) of SC/ST Act r/w Section 34 of IPC and sentenced to undergo RI for 6 months with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellants submits that Trial Court has already suspended the sentence of the appellants till filing of the appeal before the Court. They were on bail during trial, they have not misused the liberty of bail. Final hearing of this appeal is not possible in near future. They have been convicted and sentenced with maximum punishment of 6 months. Thus, it is

prayed that jail sentence of the appellants may be suspended.

Per contra, the prayer is opposed by learned Public Prosecutor for the State.

Considering the rival submissions made by both the parties and facts and circumstances of the case, without commenting upon the merits of the case, I deem it proper to grant the bail to the accused/appellants on their furnishing a personal bond for a sum of Rs.1,00,000/- (Rs. One Lacs Only) with two sureties of the like amount each to the satisfaction of the trial Court concerned during the pendency of this appeal. The fine amount imposed by trial Court shall be deposited before his release if not already deposited.

Accordingly, I.A. is disposed of.

C.C. as per rules.

(RAJENDRA KUMAR-IV) JUDGE (alok)