Heera Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9235 MP

                                                        1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                CRA No. 6067 of 2023
                                   (HEERA KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

               Dated : 20-06-2023
                           Shri Ravi Dwivedi, learned counsel for the appellants.

                           Shri    Sushant    Tiwari,       learned   Public   Prosecutor   for   the
               respondent/State.

Heard on IA.No.10220/2023, 2nd application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants- Heera

Khan and Harun Khan. First application has been dismissed as withdrawn.

Vide judgment dated 20.4.2023 passed in SC-DOCT/17/2022 by Special Judge, Bhind, appellants have 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 appellants is that they along with one co-accused took away motorcycle of the complainant and Mangalsutra, tops and gold chain of sister of the complainant. From the possession of the appellants, motorcycle, Mangalsutra and Katta have been seized.

I t is submitted by learned counsel for the appellants that during trial, appellants were on bail, but they did not misuse the liberty so granted. During trial, appellant Heera Khan remained in custody for 437 days and appellant Harun Khan remained in custody for 73 days and thereafter from the date of judgment i.e. 20.4.2023 they are in custody. Final hearing of the appeal will take time and they have a good case on merits. Therefore, prayer for suspension of Signature Not Verified sentence has been made.

Signed by: MADHU SOODAN PRASAD Signing time: 21-06-2023 10:41:00 AM 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.10220/2023 is allowed and it is directed that jail sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their 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

ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 21-06-2023 10:41:00 AM