Imran Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 2609 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                 CRA No. 2316 of 2023
                                                         (IMRAN KHAN Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 13-02-2023
                                           Shri Jafar Khan - Advocate for the appellant.

                                           Shri Vijay Kumar Pandey - Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A No.3450/2023 which is an application under Section

389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant.

The appellant has been convicted for offence punishable under Section 393 of IPC and sentenced to undergo R.I. for three years and fine amount of Rs.2000/- with default stipulations vide judgment dated 31.01.2023 passed by learned 5th Addl. Sesions Judge, Bhopal in S.T. No. 108/2019.

Learned counsel for the appellants submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in the version of the prosecution witnesses. The jail sentence of the appellant has

been suspended by the Trial Court itself till 01.03.2023 and during bail he did not misuse the liberty granted to him. It is further submitted that there is no likelihood of hearing of appeal in near future. Hence, counsel prayed that application for suspension of sentence may be allowed.

Learned Panel Lawyer for the State on the other hand has opposed the application and prays for its rejection.

Signature Not Verified SAN

In due consideration of the submissions made on behalf of the appellant, Digitally signed by AMITABH RANJAN Date: 2023.02.14 17:59:00 IST

on perusal of the material available on record and looking to the fact that the jail

sentence of the appellant is already suspended, it would be appropriate to suspend the jail sentence of the appellant.

Accordingly, I.A No.3450/2023 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not deposited and on furnishing personal bond by appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 21.06.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

Let the record of the Court below be requisitioned. List in due course for final hearing.

Certified copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified SAN

Digitally signed by AMITABH RANJAN Date: 2023.02.14 17:59:00 IST