Imran Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9940 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 3957 of 2022
                                         (IMRAN KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 01-07-2023
                                 Shri Kuldeep Singh - Advocate for appellant No.1 - Imran Khan.

                                 Shri H.S. Verma - Advocate for appellant No.2 - Ajeet Choudhary.
                                 Shri A.N. Gupta - Government Advocate for the respondent-State.

I.A. Nos.14443 of 2023 and 14873 of 2023 for suspension of sentence and grant of bail to appellants, namely, Imran Khan and Ajeet Choudhary arising

out of judgment dated 21.04.2022 delivered in Sessions Trial No.246/2018 by VIIIth Additional Sessions Judge, Satna (M.P.) are taken up.

This appellants have been convicted under Section 392 of the IPC and sentenced to undergo R.I. for five years with fine of Rs.2,000/- each, with default stipulation.

Learned counsel for appellant No.1 submits that as per prosecution story, on 06.08.2018 the driver of truck namely Heera Singh Patel lodged an FIR against both the appellants that his truck was stopped and by putting a gun on his head Rs.1500/- and his mobile were snatched by both the appellants.

Appellant No.1 during the trial remained in custody from 08.08.2018 to 20.09.2018, whereas appellant No.2 whose custody period during trial was between 08.08.2018 to 23.10.2018. Thereafter both of them are in custody from the date of judgment, i.e. 21.04.2022. This Court by order dated 22.11.2022 permitted the appellants to renew their application for suspension after six months and accordingly, present I.As are preferred. Learned counsel for the appellants submits that appellants have been falsely arraigned. They have already remained in custody for about one year and four months. The final Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/1/2023 5:03:06 PM

hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.1 may be suspended.

The same is the argument of learned counsel for appellant No.2. Learned Government Advocate for the State opposed the prayer and apprised that both the appellants have criminal record.

Faced with this, Shri Kuldeep Singh has shown two judgments of trial Court to show that appellants stood acquitted in both the criminal cases.

Considering the aforesaid factual backdrop and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of both the appellants.

Accordingly, I.A. Nos.14443 of 2023 and 14873 of 2023 are allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.1 - Imran Khan and appellant No.2 - Ajeet Choudhary are hereby suspended and it is directed that this appellants be released on bail on their furnishing a personal bond for 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, Satna on 11/09/2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(SUJOY PAUL) JUDGE

rj

Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 7/1/2023 5:03:06 PM