Khalik vs The State Of Madhya Pradesh
2023 Latest Caselaw 7246 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2433 of 2023
                                               (KHALIK Vs THE STATE OF MADHYA PRADESH)

                         Dated : 03-05-2023
                               Shri Anil Kumar Tiwari - Advocate for the appellant.

                               Shri C.M. Tiwari - Government Advocate for the respondent/State.

Heard on the question of admission.

Admit.

Also heard on I.A. No.3627/2023, this is the application for suspension

of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

The appellant has been convicted for the offence punishable under Sections 188 of the IPC and sentenced him to undergo R.I. for one month and fine of Rs.200/-, under Section 148 of the IPC and sentenced him to undergo RI for two years and fine of Rs.500/-, under Section 307 r/w Section 149 of the IPC and sentenced him to undergo RI for seven years and fine of Rs.2,000/-, under Section 332 r/w Section 149 of the IPC (on 11 counts) and sentenced him to undergo RI for two years and fine of Rs.300/-(total Rs.3300 for 11

counts) and under Section 427 of the IPC and sentenced him to undergo RI for one year and fine of Rs.500/- with default stipulations respectively.

Learned counsel for the appellant submitted that the trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellant is in custody since the date of judgement i.e.20/12/2022. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is likely to Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/3/2023 6:26:53 PM

take long time.

On the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the contention of learned counsel for the appellant and considering the facts and circumstances of the case and as to the fact that the appellant is in custody since the date of judgment i.e.20/12/2022 and hearing of this appeal according to listing policy will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be

released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12/09/2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Let the matter be listed for final hearing in due course. C.C. on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

m/-

Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/3/2023 6:26:53 PM