Sattar Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 5792 MP

Madhya Pradesh High Court

Sattar Khan vs The State Of Madhya Pradesh on 26 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRR No. 501 of 2024
                                              (SATTAR KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-02-2024
                                 Shri Amit Kumar Goswami - Advocate for the petitioner.

                                 Shri Girraj Soni - Panel Lawyer for the respondent/State.

Heard on the question of admission.

The criminal revision, being arguable, is admitted for final hearing. Heard on I.A.No. 2441 of 2024, first application under Section 397 (1) of Cr.P.C. for suspension of sentence and grant of bail moved by the sole

petitioner.

T h is revision is preferred by the petitioner/accused challenging the judgment dated 23.01.2024 passed by the Fourth Additional Session Judge, Dabra, District Gwalior (M.P.) in Criminal Appeal No.79/2022, whereby, the appellate Court by affirming the judgment of conviction and sentence dated 28.09.2022 passed by the Judicial Magistrate First Class, Dabra, District Gwalior in Criminal Case No.1537/2015 convicted the petitioner under Section 498A of IPC and sentenced him to undergo one year RI with fine of Rs.500/- with default stipulation and under Section 4 of Dowry Prohibition Act and

sentenced to undergo one year RI with fine of Rs.500/- with default stipulation.

Learned counsel for the petitioner argued that the Court below have wrongly appreciated the evidence and convicted the petitioner. It is further argued that there are material omissions and contradictions in the statement of prosecution witnesses. The petitioner has already served almost one month of incarceration out of total jail sentence awarded to him. Further submission is that there is no likelihood of early hearing of revision in near future. On these

grounds, h e prayed to suspend the jail sentence and grant of bail to the petitioner.

On the other hand, learned Panel Lawyer opposed the application and prayed for rejection of the same.

In view of the facts and circumstances of the case, but without expressing any opinion on the merits of the case, the application (I.A.No. 2441 of 2024) is allowed.

It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court.

The petitioner shall now appear before the Registry of this Court on 27.05.2024 and on all other dates which may be given by the Office for his appearance.

List the case for final hearing in due course.

Certified copy as per rules.

(SUNITA YADAV) JUDGE

AK/-