Javed @ Jabir Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 17001 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3369 of 2023 (JAVED @ JABIR KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2023 Shri Sanjay Gupta - Advocate for the applicant.

Shri Dilip Shrivastava - Government Advocate for the State.

Heard on IA No.24329/2023, which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Javed @ Jabir Khan. First application has been dismissed as

withdrawn vide order dated 25.09.2023.

Applicant has been convicted under Section 304A of IPC and sentenced to undergo RI for 06 months with fine of Rs.5000/- with default stipulation vide judgment dated 21.07.2023 passed in CrA No.72/2021 by Session Judge, District Khandwa.

It is submitted by the counsel for the appellant that the appellant is in jail since 21.07.2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of incarceration and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.24329/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM

bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/13/2023 10:03:12 AM