Saddam Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3812 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     CRA No. 2563 of 2023
                                            (SADDAM KHAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-03-2023
                                Shri Hemant Singh Rana, learned counsel for the appellant.

                                Shri Kuldeep Singh, learned counsel for the respondent- State.

Heard on IA No. 3345 of 2023, which is the first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Saddam Khan.

Vide judgment of conviction and order of sentence dated 15-12-2022 passed by the Trial Court in Registration No. 20 of 2015, the appellant has been convicted under Section 392 of IPC read with Section 11/13 of MPDVPK Act and sentenced to suffer five years RI with fine of Rs. 5,000/- with default stipulation.

Allegation against present appellant is of looting some ornaments kept in the bag by complainant outside of his shop.

It is submitted by learned counsel for the appellant that the appellant was in custody since 16-05-2015 to 05-11-2016 and he has already served in

custody for near about eight months and 18 days. Fine amount has already been deposited. This appeal is of 2022 and final outcome of appeal will take some time. Hence, prayed for suspension of sentence and grant of bail.

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 is allowed and it is directed that jail sentence of appellant will remain under suspension subject to verification of fine Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM

amount if deposited by appellant and on 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 10th July, 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

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM