Madhya Pradesh High Court
Sohil Khan vs The State Of Madhya Pradesh on 6 June, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3998 of 2024
(SOHIL KHAN Vs. THE STATE OF MADHYA PRADESH)
Dated : 06-06-2024
Shri S.S. Rajpoot - Advocate for appellant.
Shri G.S. Chouhan - Public Prosecutor for respondent/State.
Heard on the question of admission;
The appeal, being arguable, is admitted for final hearing.
Heard on I.A.No.6283 of 2024, which is first application under
Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to
the appellant.
This Criminal appeal assails the judgment dated 11.03.2024 passed
by the Sessions Judge, Guna (M.P.) in ST No.106/2023 whereby, the
appellant has been convicted under Section 307 of IPC and sentenced to
undergo rigorous imprisonment for seven years with fine of Rs.1,000/-
with default stipulation.
Learned counsel for the appellant argued that the appellant has
wrongly been convicted by the trial Court without proper appreciation of
material available on record. It is further argued court below has convicted
the appellant only on the basis of medical evidence whereas all the
witnesses including the injured/complainant have turned hostile and in the
entire impugned judgment, the court below has not taken into
consideration the testimony of the aforesaid witnesses. Further argument is
that present appeal is likely to take long time to conclude. Under these
circumstances, he prays for suspension of jail sentence of the appellant
and grant of bail to him.
Per contra, learned Public Prosecutor appearing on behalf of the
VIPIN Digitally signed by VIPIN KUMAR AGRAHARI
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH GWALIOR, ou=HIGH COURT OF MADHYA
KUMAR
PRADESH BENCH GWALIOR,
2.5.4.20=d006bb3eabe783b3bf48b69363931df243
5ef7e2d1218660438085abe6d619cd,
postalCode=474001, st=Madhya Pradesh,
serialNumber=64BF959B6FFDEEF8E12C62166740B
AGRAHARI
3C771FFBCB05102395B93DC7FB337059A94,
cn=VIPIN KUMAR AGRAHARI
Date: 2024.06.06 18:05:38 +05'30'
respondent/State while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant
of bail, regard being had to the nature and the gravity of offence found
proved against the present appellant.
Heard learned counsel for the parties and perused the materials
available on record.
Considering the arguments advanced by learned counsel for the
parties, without commenting on merits of the case, I.A.No. 6283 of 2024
is hereby allowed. Subject to depositing of fine amount, if not already
deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One
Lac 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 appearance before the Office of this Court on 13.08.2024 and on
subsequent dates given by the Office in this regard, till final disposal of
this appeal.
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.
(DWARKA DHISH BANSAL)
Vpn/- V. JUDGE
VIPIN Digitally signed by VIPIN KUMAR AGRAHARI
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
KUMAR
2.5.4.20=d006bb3eabe783b3bf48b69363931
df2435ef7e2d1218660438085abe6d619cd,
postalCode=474001, st=Madhya Pradesh,
serialNumber=64BF959B6FFDEEF8E12C6216
AGRAHARI
6740B3C771FFBCB05102395B93DC7FB33705
9A94, cn=VIPIN KUMAR AGRAHARI
Date: 2024.06.06 18:05:55 +05'30'
