Sabit Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16754 MP

Madhya Pradesh High Court

Sabit Khan vs The State Of Madhya Pradesh on 24 June, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1                                CRA-7014-2024
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 7014 of 2024
                                               (SABIT KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-06-2024
                                Shri Divyakant Lahoti - Advocate for the appellant.

                                Shri Devendra Shukla - Panel Lawyer for the respondent-State.

Heard on I.A. No.14828/2024, which is first application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Sabit Khan arising out of judgment dated 13.06.2024 delivered in Special Case

Lokayukt No.05/2021 by Additional Sessions Judge, District Panna.

The appellant has been convicted and sentenced for the offence punishable under Section 7 of Prevention of Corruption Act to undergo RI for 4 years with fine of Rs.5,000/- and under Section 13(1) r/w Section 13(2) of Prevention of Corruption Act to undergo RI for 5 years with fine of Rs.5,000/-, with default stipulations.

Learned counsel for the appellant submits that a short sentence of five years has been awarded by the trial Court and there is no possibility of hearing of this appeal in near future. The appellant, who is an old person aged about 63

years, has falsely been implicated in this case, therefore, it has been prayed that the jail sentence of the appellant be suspended and he be released on bail.

Learned counsel for the State with the support of objection opposed the application and prays for dismissal of the same.

Considering the aforesaid factual backdrop coupled with the fact that final hearing of this appeal is not possible in near future as well as looking to the age of the appellant, without expressing any conclusive opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of appellant.

2 CRA-7014-2024 Accordingly, I.A. No.14828/2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant is hereby suspended and it is directed that appellant - Sabit Khan be released on bail on his furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lac only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further

direction to appear before the trial Court Panna on 28 th August, 2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List for final hearing in due course.

(DWARKA DHISH BANSAL) V. JUDGE

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