Abdul Rajjak Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 392 MP

                                                                  1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                         CRA No. 12281 of 2022
                                              (ABDUL RAJJAK KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-01-2023
                                    Shri R.K. Tiwari - Advocate for the appellant.

                                    Ms. Nalini Gurung - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Also heard on I.A.No.24503/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T h e appellant has been convicted for commission of offence under Section 420, 467 read with Section 471 of IPC and has been sentenced to undergo R.I. for 1 year and fine of Rs. 5,000/- and R.I. for 2 years and fine of Rs. 10,000/- with default stipulation by the learned Sessions Judge, Anuppur vide judgment dated 15.12.2022 passed in Session Trial No.59/2018 (State of MP Vs. Abdul Rajjak Khan).

Learned counsel for the appellant has submitted that appellant has been released on bail till 14.01.2023 by the trial Court. During trial, he was on bail and

he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/7/2023 12:33:11 PM

counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.24503/2022 is allowed. The execution of jail sentence of appellant-Abdul Rajjak Khan is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 4.6.2023 and also on such other dates, as may be

fixed by that Court in this regard during the pendency of this appeal.

List the case for argument on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 1/7/2023 12:33:11 PM