Sohil Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 9824 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 7999 of 2023
                                               (SOHIL KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-06-2023
                                  Mr. Akshat Kumar Jain - Advocate for the appellant.

                                  Mr. Prabhat Pateriya - Dy. Advocate General for respondent/State.

Heard on I.A. No. 11181 of 2023 , which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant.

This Criminal Appeal assails the judgment dated 01.06.2023 passed by

Third Additional Sessions Judge, Shivpuri in S.T. No.66 of 2019, whereby appellant has been convicted and sentenced under Section 489-C of IPC to undergo rigorous imprisonment of 3 years with fine of Rs.13,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case as well as evidence available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. Seizure witnesses have turned hostile and did not support the prosecution case. Investigating

Officer has not followed the proper procedure while conducting the investigation, which is evident from para 61 and 62 of the impugned judgment. It is further prayed that co-accused Pankaj Puri has already been granted benefit of suspension of sentence vide order dated 26.06.2023 in Cr.A. No.7592 of 2023. It is further argued that the appellant has served around five months of incarceration out of total jail sentence of three years. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/28/2023 5:12:30 PM

and grant of bail to appellant Yashpal.

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. 11181 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with a local surety of the like amount to the satisfaction of the concerned trial Court,

the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 27.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. 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

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 6/28/2023 5:12:30 PM