Iliyas Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 21008 MP

Madhya Pradesh High Court

Iliyas Khan vs The State Of Madhya Pradesh on 2 August, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1                               CRA-7012-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    CRA No. 7012 of 2024
                                            (ILIYAS KHAN Vs THE STATE OF MADHYA PRADESH )



                         Dated : 02-08-2024
                               Mr. Prakhar Dhengula - Advocate for the appellant.

                               Mr. K.K. Prajapati - Public Prosecutor for the respondent / State.

The appeal being arguable is admitted for final hearing. Heard on I.A.No. 12048 of 2024 , first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the

appellant.

The appeal has been preferred by the appellant under Section 374 (2) of the Cr.P.C. against the impugned judgment of conviction and sentence dated 27.5.2024 passed by Additional Sessions Judge, Mehgaon, District Bhind (M.P.) in Sessions Trial No. 32/2020 whereby appellant has been convicted and sentenced under Sections 326/34 and 323/34 (three counts) to undergo maximum imprisonment of five years with maximum fine of Rs.3000/-, with default stipulations.

Learned counsel for the appellant submits that the Court below has

wrongly convicted the appellant without appreciating the materials available on record. There are material contradictions and omissions in the statements of the prosecution witnesses. It is further argued that a cross-case has also been registered against the complainant party. Allegedly, the appellant inflicted injury by stick to Parveena who sustained simple injury. Further argument is that appellant was on bail during trial and did not misuse the

2 CRA-7012-2024 liberty so granted. Present appeal is likely to take long time to come up for final hearing and the appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, application (I.A. No. 12048 of 2024) is allowed and it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he/she be released on

bail. He/she is further directed to mark his/her presence before the Registry of this Court on 09.12.2024 and on subsequent dates as may be given in this regard.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS