Nafees Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 19079 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9521 of 2023
                                              (NAFEES KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-11-2023
                                Shri R.P. Yadav - Advocate for the appellant.

                                Shri Abhay Shankar Pathak - Government Advocate for the
                          respondent/State.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Also heard on I.A. No. 17905/2023, 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 24.06.2023 delivered in ST No. 127/2020 by Sessions Judge, Shahdol.

Appellant has been convicted under Section 307 of IPC and sentenced to undergo R.I. for 5 years and fine of Rs. 5000/- with default stipulations.

Learned counsel for appellant submits that appellant is an innocent person and has been falsely implicated in this case. He further submits that

during trial, appellant remained in jail from 27.03.2020 to 27.01.2021 and he is in jail since 24.06.2023 till now. He has not misused the liberty of bail. 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.

O n the other hand, learned Government Advocate for the State has opposed the bail application.

Having taken into consideration the over all facts and circumstances of the case, I am of the considered view that no case for suspension of sentence Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 11/9/2023 6:15:28 PM

is made out.

Therefore, I.A.No.17905/2023 an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to appellant- Nafees Khan stands dismissed.

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