Taufique Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 21432 MP

Madhya Pradesh High Court

Taufique Khan vs The State Of Madhya Pradesh on 14 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 1819 of 2023
                                              (TAUFIQUE KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-12-2023
                                 Shri Sanjay Sharma - Advocate for appellant.

                                 Shri Sunil Gupta - Panel Lawyer for respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.2535/2023, this is first application for suspension

of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted vide judgment dated 29.11.2022 passed by Additional Sessions Judge, Baihar in S.T No. 137/2017 and appellant has been convicted for offence punishable under Sections 467, 468 and 420 of IPC and sentenced to undergo RI for ten years and six months and to pay fine amount of Rs. 25,000/- and Rs. 1,00,000/-, with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed

grave error in convicting the appellant for aforesaid offence. Learned counsel for appellant submits that the appellant is ready to deposit Rs.1,00,000/- under protest before the trial Court. 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 may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

On the other hand, learned Panel Lawyer has opposed the contention raised by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that appellant is ready to deposit Rs.1,00,000/- under protest before the trial Court 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 shall remain suspended during the pendency of this appeal subject to depositing Rs. 1,00,000/- under protest before the trial Court and 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 02/01/2024 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

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