Rahees Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 20667 MP

Madhya Pradesh High Court

Rahees Khan vs The State Of Madhya Pradesh on 6 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 8168 of 2022
                                              (RAHEES KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-12-2023
                                Shri S.K. Mishra - Advocate for the appellant.

                                Shri Shahrukh Riyaz - Panel Lawyer for the respondent/State.

Heard on I.A. No. 8215/2023, which is second application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant arising out of judgment dated 30.08.2022 passed by Sessions Judge,

Tikamgarh in ST No. 86/2018. His first bail application was dismissed as withdrawn.

T h e appellant has been convicted for the offence punishable under Section 307 of the IPC and sentenced to R.I. for 7 years with fine of Rs.3000/- and under Section 323 of the IPC and sentenced to R.I. for 6 months with fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submitted the judgment passed by the trial Court is erroneous both in facts and in law and liable to be set-aside. The judgment passed by the trial Court is illegal and contrary to law. Learned

counsel for the appellant further submitted that as per the medical report Ex.D/2-A given by Dr.Ravi Rawat in which injury of the Nagendra Singh (PW/6) was written as simple in nature and no CT scan or X-ray were done. The appellant was on bail during trial and did not misuse the liberty granted to him. Hence, prays for suspension of sentence and grant of bail to the appellant.

Learned counsel for the respondent/State has opposed the application for suspension of sentence and prays for its rejection.

I have heard counsel for the parties and perused the record.

Considering the facts and circumstances of the case and evidence of Ajay Prakash (PW/4), Nagendra Singh (PW/6) and medical evidence Ex.D-2/A and the fact that final hearing of the appeal would take sufficient long time, I am of the opinion that the jail sentence of appellant deserves to be suspended.

Accordingly, without commenting on the merits of the case, I.A. No.8215/2023 is allowed and it is directed that subject to deposit of fine amount, if not already deposited, and on furnishing personal bond in the sum of Rs.50,000/-/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, the execution of remaining jail sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant- Rahees Khan after being enlarged on bail shall mark his presence before the concerned trial Court on 22.12.2023 and thereafter on all subsequent dates as may be fixed in this behalf.

List the appeal for final hearing in due course.

Certified copy as per rules.

(HIRDESH) JUDGE

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