Rashid Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 15860 MP

Madhya Pradesh High Court

Rashid Khan vs The State Of Madhya Pradesh on 28 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 3510 of 2024
                                               (RASHID KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-05-2024
                                  Shri Dinesh Upadhyay - Advocate for appellant.

                                  Shri T. R. Kurmi - Panel Lawyer for respondent/State.

Heard on I.A Nos.6731/2024, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offences punishable under Section 420 of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.1,000/-, of Section 465 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.500/-, of Section 467 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/-, of Section 468 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- and of Section 471 of IPC and sentenced to undergo R.I. for 1 year with fine of Rs.1,000/- respectively, with default stipulations.

Learned counsel for the appellant submits that the maximum jail sentence

awarded to the appellant is of five years; he is in custody and the appeal would take considerable time to conclude, he is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the applications and prayed for its rejection.

Having heard the arguments and on perusal of the record, this Court is of

the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 29.08.2024 and on such other

dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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