Chinna @ Imran Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 4024 MP

                                                       1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                               CRA No. 10337 of 2022
                                   (CHINNA @ IMRAN KHAN Vs THE STATE OF MADHYA PRADESH)

               Dated : 14-03-2023
                           Shri Ravi Dwivedi, learned counsel for the appellant.

                           Shri    B.P.S.Chauhan,      learned     Public    Prosecutor   for   the
               respondent/State.

Heard on IA.No.2287/2023, first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant- Chinna

@ Imran Khan.

Allegation against the appellant is that he fired on Anoop Sharma, driver of FRV No.45, with country-made pistol, which hit on his palm of left hand. Offence was registered. Appellant was arrested. After completion of investigation, charge-sheet was submitted. After trial, appellant has been convicted under Section 307 of IPC and Section 25(1)(1-B)(A) of the Arms Act with maximum jail sentence of 7 years RI.

Learned counsel for the appellant drew attention of this Court to the cross-examination of Anoop Sharma (PW-7) para 3 wherein he has admitted

that he did not know the appellant beforehand. When he went to police Station from the hospital, photo of Chinna was showed to him and thereafter he lodged Dehati Nalishi mentioning the name of accused as Chinna. During trial he was on bail, but he did not misuse the liberty so granted. During trial he remained in custody from 11.10.2018 to 1.8.2019 and 22.8.2022 to 20.10.2022 and thereafter from the date of judgment i.e. 20.10.2022 he is in custody. Final Signature Not Verified hearing of the appeal will take time and he has a good case on merit. Therefore, Signed by: MADHU SOODAN PRASAD Signing time: 15-03-2023 09:47:27 AM prayer for suspension of sentence has been made.

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.2287/2023 is allowed and it is directed that jail sentence of appellant Chinna @ Imran Khan will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.15,000/- (Rupees Fifteen 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 4th September, 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: 15-03-2023 09:47:27 AM