Naushad Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16063 MP

Madhya Pradesh High Court

Naushad Khan vs The State Of Madhya Pradesh on 29 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRR No. 2423 of 2024
                                             (NAUSHAD KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-05-2024
                                 Mr. Rahul Bansal - Advocate for the petitioner.

                                 Mr. V.P.S. Tomar - Panel Lawyer for the respondent - State.

The revision, being arguable, is admitted for final hearing. Heard on I.A.No.10561 of 2024, which is first application under Section 397 (1) of CrPC for suspension of jail sentence and grant of bail to the petitioner.

This Criminal Revision assails the judgment dated 13.5.2024 passed by the Second Additional Sessions Judge, Gohad, District Bhind (M.P.) in Cr.A. No.10/2023, whereby the judgment dated 04.2.2023 passed in Criminal Case No.700508/2016 by JMFC, Gohad, District Bhind (M.P.) was affirmed and the petitioner been convicted for the offence under Section 337 of IPC to undergo rigorous imprisonment of three months with fine of Rs.500/- and under Section 304-A of IPC to undergo rigorous imprisonment of one year with fine of Rs.1,000/-, with default stipulations.

Learned counsel for the petitioner submitted that both the courts below

h a v e wro ngly convicted the petitioner without appreciating the evidence properly available on record. There are material omissions and contradictions in the statements of prosecution witnesses. It is further argued that petitioner was on bail during trial as well as during appeal and never misused the liberty so granted. Petitioner has already suffered three months of incarceration out of total jail sentence awarded. This criminal revision is likely to take long time to come up for final hearing and petitioner has hope and believe that he would

succeed in the revision. Under these circumstances, he prayed to suspend the jail sentence of the petitioner.

Per contra, learned counsel for respondent/State opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

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.10561 of 2024) is allowed.

I t is directed that the petitioner be released on bail on furnishing a

personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent 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 30.9.2024 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

AKS