Iasmile @ Imran Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 11459 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 9194 of 2023 (IASMILE @ IMRAN KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 21-07-2023 Shri Rakesh Kumar Dubey, learned counsel for appellant.

Shri V.P.S. Tomar, learned Panel Lawyer for State. I.A. No.13210/2023, an application under 5 of Limitation Act for condonation of delay is taken up, considered and allowed for the reasons mentioned therein.

Delay of 26 days in filing this criminal appeal is hereby condoned.

Heard on IA.No.13375/2023, 1st application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Ismail alias Imran Khan.

Vide judgment dated 20.4.2023 passed in SC-DOCT/17/2022 by Special Judge, Bhind, appellant has been convicted under Section 392/34 read with Section 397 of IPC read with Section 13 of the MPDVPK Act and sentenced to undergo 7 years RI with fine of Rs.4,000/- each.

Allegation against the appellant is that he along with co-accused persons took away motorcycle of the complainant and Mangalsutra, tops and gold chain

o f sister of the complainant. From the possession of the appellant one gold chain has been seized.

I t is submitted by learned counsel for the appellant that during trial, appellant was on bail, but he did not misuse the liberty so granted. During trial, appellant has suffered incarceration of about more than one year and five months. Final hearing of the appeal will take time and they have a good case on merits. Therefore, prayer for suspension of sentence has been made. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM

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.13375/2023 is allowed and it is directed that jail sentence of appellant 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 December, 2023 and on such further dates as may be fixed by the office in this regard till

disposal of the appeal.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 7/22/2023 12:06:58 PM