Asif Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 18663 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 11261 of 2023
                                         (ASIF KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 06-11-2023
                                Shri Deepak Soni - Advocate for the appellant.

                                Shri C.K. Mishra - Government Advocate for respondent-State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.21166/2023 , which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offences punishable under Section 323 of IPC and sentenced to undergo R.I. for 06 months and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act and sentenced to undergo R.I. for 06 months with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that the jail sentence of appellant was suspended by the trial court till 10.09.2023 (as mentioned in the application). Thereafter, this court vide order dated 26.09.2023 has extended

the period of bail of appellant from 27.09.2023 to 27.11.2023. The maximum jail sentence of appellant is of six months and he was on bail during trial and did not misuse the liberty granted to him and also the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 11/7/2023 2:52:28 PM

and prays for its rejection.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance

before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 11.01.2024 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 11/7/2023 2:52:28 PM