Aslam vs The State Of Madhya Pradesh
2023 Latest Caselaw 22424 MP

Madhya Pradesh High Court

Aslam vs The State Of Madhya Pradesh on 26 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       CRA No. 590 of 2023
                                          (ASLAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-12-2023
                                 Shri Manish Datt - Sr. Advocate with Shri Mayank Sharma -

                           Advcoate for the appellant No.2 Rashid Khan.
                                 Shri A.S. Baghel - Govt. Advocate for the respondent / State.

Heard on IA No. 27031/2023, second application for suspension of sentence and grant of bail to appellant No.2 Rashid Khan.

The first application for suspension of sentence i.e. IA No.611 of 2023 was dismissed as withdrawn by Coordinate Bench of this Court vide order dated 31.01.2023. Since Hon'ble Judge who had rejected the said application has demitted her office, therefore, this application has been listed before this Bench.

Appellant No.2 Rashid Khan has been convicted by the trial Court under Section 379/34 of IPC and sentenced to undergo R.I. for 2 years with fine of Rs. 1,000/-, under Section 420/34 of IPC sentenced to undergo R.I. for 3 years with fine of Rs. 1,500/- and Section 471/ 34 of

IPC sentenced to undergo R.I. for 4 years with fine of Rs. 2,000/- respectively, with default stipulations.

It is submitted by counsel for the appellant that out of total jail sentence of four year awarded under Section 471 of IPC, appellant has already undergone jail sentence of approximately 1 year and 10 months. The allegations are that an Activa motorcycle was stolen and forged documents were prepared for getting the vehicle mortgaged. However, the

bone of contention of counsel for the applicant is period of dentition and likelihood of delay in disposal of appeal.

Per Contra, the application is opposed by the Counsel for the State, however, it was fairly considered that as per the judgment pronounced by the trial Court, the appellant had remained in jail from 14.09.2018 till 08.06.2019 as an under trial prisoner and he is jail from the date of judgment i.e. 24.12.2022.

Considering the period of detention and considering the fact that there is a possibility of delay in hearing of appeal, IA No. 27031/2023 is hereby allowed. It is directed that the remaining jail sentence of appellant No.2 Rashid Khan shall remain suspended and he is directed to be

released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) along with one surety of the like amount of the satisfaction of the trial Court.

The appellant shall appear before the Registry of this court on 19.02.2024 and on subsequent dates which shall be given by the Registry of this court in this regard.

Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE

sarathe