Ruksar Khan @ Patthul vs The State Of Madhya Pradesh
2024 Latest Caselaw 3330 MP

Madhya Pradesh High Court

Ruksar Khan @ Patthul vs The State Of Madhya Pradesh on 5 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 794 of 2014
                                        (RUKSAR KHAN @ PATTHUL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 05-02-2024
                               Mr. Pradeep Kumar Shrivastava, Advocate for the applicant.

                               Mr. Purshottam Tanwar, Panel Lawyer for the respondent - State.

Heard on I.A.No. 1770 of 2024, second 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

26.6.2014 passed by Special Judge, SC/ST Act, Datia (M.P.) in Special Case No. 89/2012 whereby appellant has been convicted and sentenced under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act to undergo rigorous imprisonment of six months with fine of Rs.500/- and under Section 324 of IPC to undergo rigorous imprisonment of six months with fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that earlier jail sentence of appellants had been suspended on 06.8.2014, however, he could not appear before 01.5.2017 and further before this Court as he met with an accident and

thereafter due to covid-19 pandemic, non-bailable warrant of arrest was issued against him and he was arrested. It is further argued that absence of the appellant is bonafide. Hence, he prayed to suspend the jail sentence and grant of bail to appellant looking to the short period of jail sentence.

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. 1770 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 be released on bail. He is further directed to mark his presence before the Registry of this Court on 13.5.2024 and on subsequent dates as may be given in this regard.

List the case 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