Jalim Khan @ Jameel vs The State Of Madhya Pradesh
2023 Latest Caselaw 19210 MP

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                        CRA No. 7421 of 2021
                                      (JALIM KHAN @ JAMEEL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-11-2023
                                  Shri Paresh Pareek - Advocate for appellant No.1.

                                  Shri Narendra Kumar Sharma - Advocate for appellant No.2.
                                  Shri Ajay Tamrakar - Panel Lawyer for respondent/State.

Heard o n I.A. No.25924/2023, this is repeat (sixth) application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C.

on behalf of appellant No.1-Jalim Khan @ Jameel.

Earlier applications of appellant were dismissed as withdrawn. The appellant No.1 has been convicted vide judgment dated 26/10/2021 passed by Second Additional Sessions Judge, Ashta, District Sehore in S.T. No. 158/2019 and appellant No.1 has been convicted for offence punishable under Sections 342, 419, 417 and 394 of IPC and sentenced to undergo RI for 6 months, 1 year, 6 months and 7 years and to pay fine of Rs.500/-, Rs.1,000/-, Rs.500/- and Rs.5,000/- for each offence respectively years with usual default stipulations.

Learned counsel for the appellant No.1 submits that wife of appellant No.1 has expired on 17/11/2023, hence, he prays for two months temporary suspension. The contention of learned counsel for appellant No.1 is supported by learned counsel for appellant No.2.

O n the other hand, learned Panel Lawyer has opposed the contention rais ed by learned counsel for appellant and prays for rejection of said application.

Looking to the aforesaid facts and circumstances of the case coupled Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 11/21/2023 10:21:39 AM

with the fact that the wife of appellant No.1 has expired on 17/11/2023, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant No.1 - Jamil Khan @ Jameel shall remain suspended for two months i.e. from 21/11/2023 to 20/01/2024 subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his surrender before the trial Court on completion of aforesaid period, failing which the trial Court shall take appropriate action against appellant No.1 and his surety under intimation of this Court.

Accordingly, IA No. 25924/2023 stands disposed of. Trial Court is directed to inform this Court immediately after appellant No.1- Jalim Khan @ Jaleem surrenders to custody.

List after two months for consideration of IA No. 13726/2023. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 11/21/2023 10:21:39 AM