Citation : 2023 Latest Caselaw 19076 MP
Judgement Date : 9 November, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6436 of 2022
(SALMAN KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 09-11-2023
Shri Pravesh Naveriya - Advocate for the appellant.
Shri Abhay Shankar Pathak - Government Advocate for the
respondent/State.
Heard on I.A. No. 16217/2023, an application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant
arising out of judgment dated 17.08.2021 delivered in S.T. No.93/2017 by Fifth Additional Sessions Judge, Singrauli.
His first bail application was dismissed as withdrawn vide order dated 27.01.2023
Appellant has been convicted under Section 392 of IPC and sentenced to undergo R.I. for 9 years and fine of Rs.800/- with default stipulations.
Learned counsel for appellant submits that appellant is an innocent person and has been falsely implicated in this case. He further submitted that as per custody report, appellant remained in jail for 3 years, 11 months and 7
days. Criminal Appeal No. 5418/2021 of co-accused persons of the same crime number has been allowed on 28.06.2022. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended and he be released on bail.
On the other hand, learned Government Advocate for the State has opposed the bail application.
Looking to the fact that the criminal appeal of co-accused in the same
Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/9/2023 6:15:28 PM
crime number has been allowed and custody period of appellant and the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A No. 16217/2023 is allowed.
Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of appellant-Salman Khan, is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty 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 concerning trial court on 10.01.2024
and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.
List the case for final hearing in due course. C. c. as per rules.
(BINOD KUMAR DWIVEDI) JUDGE
L.R.
Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/9/2023 6:15:28 PM
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