Jubair Kha vs The State Of Madhya Pradesh
2023 Latest Caselaw 4498 MP

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                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                    CRA No. 3763 of 2023
                                             (JUBAIR KHA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Dated : 21-03-2023
                                          Mr. M. Shafiqullah - learned counsel for the appellants.

                                          Mr. Y.D. Yadav               - learned Government Advocate for the
                                   respondent/State.

Heard on I.A. No. 5894 of 2023, which is an application filed by the appellants under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellants have been convicted by the impugned judgment passed by the trial Court for offences punishable under Section 323/34 of the Indian Penal Code and Section 3 (1) (dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo RI for 6 months (fine Rs.500/-) and RI 8 months (fine Rs.500/-) with default stipulation.

Learned counsel for the appellants submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. It is submitted that the trail Court has already suspended the sentence of the appellants till 29.03.2023 and the final disposal of this appeal would take

considerable time, therefore, the jail sentence of the appellants may be suspended and they may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties. Although record is not available, considering the nature of offence, period of sentence and the fact that the trial Court Signature Not Verified SAN has suspended the sentence of the appellant till 29.03.2023 coupled with the fact that

Digitally signed by KOUSHALENDRA SHARAN SHUKLA final disposal of this appeal would take considerable time, without commenting on Date: 2023.03.21 19:55:35 IST

merits of the case, I deem it appropriate to suspend the jail sentence of the appellants, namely, Appellant No.1 - Jubair Kha and Appellant No.2 - Javed Kha and to release them on bail. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that execution of remaining jail sentence of the appellants, namely, Appellant No.1 - Jubair Kha and Appellant No.2 - Javed Kha shall remain suspended and they shall be released on bail on their furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with a surety each in the like amount to the satisfaction of the trial Court concerned for their appearance before the concerned trial Court on 21.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Let the record of the Courts below be requisitioned. The State shall inform the complainant about pendency of this case. List the case for orders on admission after eight weeks.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.03.21 19:55:35 IST