Banne Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 10631 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8578 of 2023
                                        (BANNE KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-07-2023
                                Shri Sunil Mishra - Advocate for the appellants.

                                Shri Ashish Kurmi - Panel Lawyer for the respondent/State.

Call for the trial Court record.

Heard on I.A. No.15953/2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant, pending the

appeal.

Appellants have been convicted for commission of offence under Sections 323/34 (on 2 counts to each appellants) and 325/34 of IPC and have been sentenced to undergo S.I. for 6 months (on each count to each appellants) and R.I. for 01 year and fine of Rs.1000/- (on two counts each) and Rs.2000/- ,with default stipulations vide judgment dated 12.6.2023 delivered by First Additional Sessions Judge, Sehore in S.T. No.84/2021 (State of M.P. Vs. Banne Khan and others).

Learned counsel for the appellants has submitted that appellants have not

committed any offence. They have been erroneously convicted by the trial Court. Learned counsel for the appellants has submitted that in the course of trial appellants were on bail. They have not misused the liberty granted by way of bail during trial. The appellants have fair chance to succeed in the appeal. It is further submitted that a short sentence has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. It is further submitted that after conviction and passing of order of jail sentence, learned trial Court itself has suspended the jail sentence of the appellants till 13.7.2023. Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/12/2023 10:39:31 AM

Therefore, if the execution of jail sentence of appellants is not suspended, the purpose of filing this appeal would become futile. Therefore, it has been prayed that the execution of jail sentence of appellants be suspended and he be released on bail.

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

Having considered the short nature of sentence and the fact that there is no possibility of hearing of this appeal in near future, I am inclined to suspend the remaining jail sentence of the appellants.

Consequently, I.A. No.15953/2023 is allowed. The execution of jail

sentence of appellants is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 4.9.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for arguments on admission after receipt of record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 7/12/2023 10:39:31 AM