Madhya Pradesh High Court
Latif Khan vs The State Of Madhya Pradesh on 13 June, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4690 of 2021
(LATIF KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 13-06-2023
Shri Arvind Singh Chauhan, learned counsel for the appellant.
Shri Rajendra Singh Yadav, Public Prosecutor for the respondent/State.
Heard on I.A. No. 33 of 2023, which is third application filed under
Section 389(3) Cr.P.C. for suspension of sentence and grant of bail by sole
appellant - Lateef Khan.
His first application was dismissed on merits vide order dated 25.1.2022
and second was dismissed as withdrawn vide order dated 4.8.2022 by the Co-
ordinate Bench of this Court.
This Criminal Appeal assails the judgment dated 04.08.2021 passed in
Special Case No. 14/2014 by Special Judge, M.P.D.V.P.K. Act, Gwalior(M.P.)
whereby, appellant stood convicted under Section 395 r/w Section 13 of
MPDVPK Act and sentenced him to undergo RI for 7 years with a fine of
Rs.1,000/- with default stipulations.
Learned counsel for the appellants submits that the the appellant has
already served almost more than two years of incarceration out of total jail
sentence of seven years. It is further argued that learned trial court has not
appreciated the evidence properly. TIP has been conducted after two months
of his arrest. It is further argued that seizure witnesses have not supported the
prosecution case and turned hostile, even the wife of complainant has also not
supported the prosecution case. It is further argued that investigating officer has
categorically admitted that the property was not seized at the time of seizure. He
has also admitted that the seizure witnesses are pet witnesses of concerned
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 6/14/2023
5:12:51 PM
police station. He further submits that criminal appeal is likely to take long time
to conclude. Hence, prayed to suspend the jail sentence and grant of bail to
appellant.
Counsel for the State vehemently opposed the application and prayed for
its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the arguments advanced by learned counsel for the parties,
without commenting on merits of the case, I.A. No. 33 of 2023, is hereby
allowed subject to depositing of fine amount, if not already deposited, and on
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh
only) with a solvent surety of the like amount to the satisfaction of the
concerned trial Court, the remaining jail sentence of appellant - Lateef Khan
shall remain suspended till final disposal of this appeal and he be released on
bail. The appellant is further directed to mark his appearance before the Office
of this Court on 28/08/2023 and on other subsequent dates given by the Office
in this regard.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 6/14/2023
5:12:51 PM
Ahmad
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 6/14/2023
5:12:51 PM
