Shahzad Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7348 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 2547 of 2023 (SHAHZAD KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 04-05-2023 Shri R. K. Mishra - Advocate for the appellant.

Shri J. S. Parihar - Panel Lawyer for the State.

Heard on I.A. No.5710/2023, which is an application for condonation of delay.

There is a delay of 30 days in filing the present appeal.

For the reasons stated in the application, the same is allowed and the delay is condoned.

Also heard on admission.

Appeal is admitted for hearing.

Further, heard on I.A No.3846/2023, which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Shahzad Khan arising out of judgment and conviction dated 29/11/2022 delivered in Sessions Trial No.1074/2022 by Fifth Additional Sessions Judge, district Bhopal.

The appellant has been convicted for an offence punishable under section 326 of I.P.C. and sentenced to undergo rigorous imprisonment for four years with fine of Rs.1000/- and in default of payment of fine to undergo additional rigorous imprisonment for three months.

Learned counsel for the appellant invited the attention of this court to paragraph nos.12 to 17 of the impugned judgment and submits that the learned trial court did not appreciate the medical evidence in proper

Signature Not Verified perspective. Further, there are many discrepancies and inconsistencies in Signed by: PRASHANT SHRIVASTAVA Signing time: 5/4/2023 2:58:55 PM

the evidence of injured and the eyewitness. Therefore, there are reasonable chances of acquittal of appellant in the matter. Learned counsel for the appellant further argued that the appellant is innocent and has been falsely implicated in the crime in question. He was on bail during trial. The judgment suffers from impropriety and illegality. It lacks proper consideration of evidence of record. Final disposal of instant appeal would take considerable time. Therefore, pending the appeal, the appellant may be released on bail.

Learned Panel Lawyer opposed the prayer for suspension of sentence

and grant of bail to the appellant and submitted that learned trial court dealt with all the aforementioned arguments of defence and passed reasoned judgment. Therefore, the judgment of trial court does not suffer from any illegality or impropriety. He has also submitted that the appellant is a habitual offender. He has a past criminal record. Further, the injury caused to the deceased was found to be grievous in nature.

Heard learned counsel for the parties at length and perused the record of the court below.

On due consideration of record and the arguments advanced by both the parties, this court is of the opinion that prima facie, there is substance in the arguments put forth by learned counsel for the appellant. Therefore, without commenting on merits of the case, this court deems it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No.3846/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant are hereby suspended and it is directed Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 5/4/2023 2:58:55 PM

that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to

appear before the trial Court, Tikamgarh on 12 th July, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE ps

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 5/4/2023 2:58:55 PM