Abdul Rafiq Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 17585 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRA No. 5346 of 2022
                                            (ABDUL RAFIQ KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Ankit Agnihotri - Advocate for the appellant.

                                 Shri Anup Sonkar - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A.No.22748/2023, which is the second application

under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against appellant and release him on bail.

The earlier application for suspension of sentence and grant of bail filed on behalf of appellant was dismissed for want of prosecution vide order dated 31/01/2023.

The appellant has been convicted vide judgment dated 12/01/2022 passed by Additional Sessions Judge, Bhopal in S.T. No.5700121/2015 for the offence punishable under Sections 420 (two counts), 467 (two counts), 468 (two counts) and 471 (two counts) of the IPC and sentenced him to undergo R.I. for

five years with fine of Rs.1,000/- (on each count), R.I. for five years with fine of Rs.1,000/- (on each count), R.I. for five years with fine of Rs.1,000/- (on each count) and R.I. for two years with fine of Rs.1,000/- (on each count) respectively with default stipulations.

Learned counsel for the appellant submitted that the learned trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. The appellant is an old man aged about 80 years. He is in custody Signature Not Verified Signed by: ANURAG SONI Signing time: 19-10-2023 16:14:27

since the date of judgment i.e. 12/01/2022, hence he has prayed for suspension of jail sentence and release the appellant on bail till final disposal of the appeal as final hearing of this appeal is not possible in near future.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the age of the appellant and the fact that the appellant is in custody since 12/01/2022 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended

during the pendency of this appeal and he be released on bail subject to depositing fine amount, if not already 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 appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 19-10-2023 16:14:27