Avid Khan vs Smt. Sana Khan
2023 Latest Caselaw 4643 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRR No. 2791 of 2022
                                                      (AVID KHAN Vs SMT. SANA KHAN)

                          Dated : 25-03-2023
                                 The Advocates are abstaining from Court work on account of call given

                          by the State Bar Council.
                                 Father of applicant Nazir Khan is present in person.
                                 Perused the impugned judgments as well as record of the Courts below.
                                 IA 1456 of 2023 application under Section 397(1) of CrPC has been
                          filed on behalf of applicant Avid Khan for suspension of jail sentence and grant

                          of bail.
                                 Vide judgment dated dated 18-07-2022 passed by Sixth Additional
                          Sessions Judge, Gwalior in Criminal Appeal No.1079 of 2022 confirming the
                          judgment dated 20-12-2021 passed by the Court of JMFC, Gwalior in Case
                          No.6062 of 2017, whereby applicant has been convicted under Section 31 of
                          Protection of Women from Domestic Violence Act, 2005 and sentenced to
                          undergo six months simple imprisonment with fine of Rs.1,000/-.
                                 It is submitted by father of applicant that earlier, false allegations of
                          dowry were made against applicant and his whole family members whereby

                          they were acquitted from the dowry case vide order dated 5-8-2019 passed by
                          the Court of JMFC. His son (present applicant) has been arrested by the police
                          under execution of arrest warrant and since 12-01-2023 he is in jail. The
                          respondent has made false allegations regarding domestic violence. His son is

the only bread earner of his family. Since respondent is continuously demanding maintenance amount by residing separately without any reason, therefore, no case is made out under Protection of Women from Domestic Violence Act, Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/25/2023 5:56:06 PM

2005. Final disposal of this revision will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

Considering the submissions made by father of applicant as well as considering the short-term of jail sentence awarded to applicant, without expressing any opinion on the merits of case, IA No.1456 of 2023 is allowed and it is directed that if the applicant furnish a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) along with one solvent surety in the like amount to the satisfaction of Trial Court/Court below concerned, the execution of remaining jail sentence passed against him shall remain suspended and he shall be released on bail. The applicant shall now

appear before the Registry of this Court on 10th July, 2023 and on such other subsequent dates as may be fixed by Office in this regard during disposal of this revision.

Previous IA 11804 of 2022 stands infructuous in the light of present suspension order passed today itself.

Similarly IA 14745 of 2022 filed on behalf of applicant for taking additional facts and documents on record is taken up, considered and allowed for the reasons mentioned therein and the same stands closed.

Office is directed to inform the complainant through his Counsel regarding suspension of jail sentence of the applicant.

CC as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/25/2023 5:56:06 PM