Khillan Singh Jaat vs The State Of Madhya Pradesh
2023 Latest Caselaw 3367 MP

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT GWALIOR
                                                 CRA No. 343 of 2023
                                    (KHILLAN SINGH JAAT Vs THE STATE OF MADHYA PRADESH)

               Dated : 23-02-2023
                           Shri Vibhor Kumar Sahu, learned counsel for the appellant.

                           Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

Heard on admission.

Appeal being arguable is admitted for hearing. Record of the trial Court has been received.

Also heard on IA.No.313/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Khilan Singh Jaat.

Allegation against the appellant is that earlier while furnishing bail of Rs.10,000/- for accused Brijbhushan he stood as surety by submitting his Rin Pustika. Afterwards he removed the entry in regard to earlier bail from the Rin Pustika and while furnishing bail of Rs.20,000/- for accused Mukesh Jain he again submitted said Rin Pustika and stood as surety. On the complaint of the Court, case was registered. Appellant was arrested. After investigation, charge-

sheet has been filed. After trial, vide judgment dated 6.12.2022 passed by the 4th Additional Sessions Judge, Guna, in S.T.No.93/2022 appellant has been convicted under Sections 417/511, 467, 468, 465 and 471 of IPC and sentenced to undergo maximum jail sentence of 10 years of RI.

Learned counsel for the appellant submits that during trial appellant remained in custody for 279 days and thereafter from the date of judgment i.e. Signature Not Verified 6.12.2022 he is in custody. Appellant has a good case on merit. This appeal is Signed by: MADHU SOODAN PRASAD Signing time: 24-02-2023 09:44:06 AM of 2023 and final hearing of the appeal will take time and. Therefore, prayer for

suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.No.313/2023 is allowed and it is directed that jail sentence of appellant Khilan Singh Jaat will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this

Court on 21st August, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 24-02-2023 09:44:06 AM