Mohd. Rasheed Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16478 MP

Madhya Pradesh High Court

Mohd. Rasheed Khan vs The State Of Madhya Pradesh on 31 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

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                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT JABALPUR
                               CRA No. 5373 of 2022
                   (MOHD. RASHEED KHAN Vs THE STATE OF MADHYA PRADESH)

Dated : 31-05-2024
       Shri Devendra Shukla - Advocate for the appellant.

       Shri Dilip Shrivastava - Panel Lawyer for the State.

       Heard on admission.
       The appeal being arguable is admitted for final hearing.
       Also heard on I.A No.12296/2024, which is second 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 offence punishable under
Section 392 IPC and sentenced to undergo R.I. for 5 years with fine of
Rs.5,000/-, with default stipulation.
       Learned counsel for the appellant submits that the maximum jail sentence
of appellant is of 5 years R.I. 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.
       Learned counsel for the State has opposed the application and prayed for
its rejection.
       Heard counsel for the parties, perused the judgment and record of the
court below.
       This second bail application has been argued on the ground that the test
identification parade proceedings were not conducted in accordance with legal
procedure as the appellant was shown to the complainant prior to conducting of
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test identification parade. For this, the court testimony of Keshav Patel (P.W.1)
and Dragpal Singh (P.W.9) have been relied upon. Although the first application
of applicant for suspension of sentence has been dismissed on merits on
16.2.2023

but it appears that this ground was not raised at that time.

Taking into consideration the contention of counsel for appellant and also the evidence available on record, this repeat bail 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 application stands allowed and disposed of. List this criminal appeal for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

ps

Date: 2024.06.03 11:07:39 +05'30'