Madar Khan vs The State Of Madhya Pradesh
2025 Latest Caselaw 4978 MP

Madhya Pradesh High Court

Madar Khan vs The State Of Madhya Pradesh on 1 March, 2025

                                                                 1                                CRA-7393-2019
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                         CRA No. 7393 of 2019
                                         (MADAR KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                          Dated : 01-03-2025
                                  Shri Rishikesh Bohare - Advocate for the appellant.
                                  Ms. Ankita Mathur - Public Prosecutor for the respondent/State.

Heard on admission.

The appeal being arguable is admitted for final hearing. At the outset, learned counsel for the appellant seeks leave of this Court to

withdraw I.A. No.6742 of 2019 , first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Madar Khan.

Prayer accepted.

Accordingly, I.A. No.6742/2019 is dismissed as withdrawn . Also heard on I.A.No.886 of 2025 , second application under Section 389(1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 06/08/2019 passed in Special Case SC ATR No.128/2017 by the Special Judge, SC/ST (PA) Act, Guna (M.P.), whereby appellant has been convicted as under :

                                            Under                                         Imprisonment
                                            Section          Imprisonment Fine Rupees
                                                                                          in lieu of fine
                                        451 of IPC            1 year's R.I.   Rs.1,000/- one month's R.I.
                                  354 of IPC r/w Section
                                  3(2)(va) & 3(1)(w)(i) of    2 years' R.I.   Rs.2,000/- one month's R.I.
                                        SC/ST Act

Learned counsel for the appellant submits that the Trial Court has wrongly

2 CRA-7393-2019 convicted the appellant without proper appreciation of facts of the case. He is in custody since 13.01.2025. Appellant was on bail during trial, but he did not misuse the liberty so granted. There is no possibility of final hearing of this appeal in near future. Therefore, it is prayed that sentence of the appellant may be suspended.

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

Heard learned counsel for the parties and perused the record. Having considered the submissions advanced by learned counsel for the parties and attending facts and circumstances of the case and this appeal being of 2019 is not likely to be finally heard in near future, without commenting on merits of the case, I.A.No.886 of 2025 is hereby allowed. Subject to depositing of fine

amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court on 07/04/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE Monika

3 CRA-7393-2019