Madhya Pradesh High Court
Munna Khan @ Nawaz Khan vs The State Of Madhya Pradesh on 28 March, 2025
1 CRR-6227-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 6227 of 2024
(MUNNA KHAN @ NAWAZ KHAN Vs THE STATE OF MADHYA PRADESH )
Dated : 28-03-2025
Applicant by Shri Sachin Parmar - Advocate.
Respondent - State of Madhya Pradesh by Shri Hemant Sharma -
Government Advocate appearing on behalf of Advocate General.
Heard on IA No.4025 of 2025 , a repeat (second) application under
Section 397 read with Section 401 of Code of Criminal Procedure, 1973
(hereafter referred to as the Code) for suspension of remaining jail sentence
and grant of bail on behalf to applicant - Munna Kha @ Nawaz Khan S/o
Iqbal Khan. His first suspension application IA No.20017 of 2024 was
dismissed by this Court vide order dated 30.01.2025 as withdrawn with a
liberty to review his prayer after two months from the date of order.
The applicant stands convicted for offence under Section 25 (1-B) (a)
of the Arms Act, 1959 and sentenced to undergo rigorous imprisonment for a
period of one year with fine of Rs.500/- by judgment dated 29.09.2016
passed in Criminal Case No.590 of 2014 by learned Judicial Magistrate First
Class, Nagda, District Ujjain (MP), which has been affirmed when assailed
in appeal bearing registration number Criminal Appeal No.473 of 2016 by
learned Sessions Judge, Nagda, District Ujjain (MP) vide judgment and order
dated 09.07.2021.
Learned counsel for the applicant submits that after dismissal of first
suspension application, the applicant has already completed near about six
2 CRR-6227-2024
months of jail sentence out of total one year imprisonment. The judgment is
full of conjectures and surmises, passed ignoring the material infirmities.
Final disposal of this revision will take time. He has fair chances of success
in this revision. On these grounds, he prays for suspension of remaining part
of the jail sentence of the applicant till pendency of this revision.
Per contra, learned counsel for the respondent / State opposes the
prayer and prays for its rejection.
Heard learned counsel for the parties and perused the entire record
with due care.
Looking to the facts and circumstances of the case and arguments
advanced by learned counsel for the parties and also final hearing of the
revision will take sufficient long time as also the factum that out of one year
sentence, six months' sentence has already been served out by the applicant,
this Court is inclined to grant suspension of remaining part of jail sentence of
the applicant.
Accordingly, IA No.4025 of 2025 is hereby allowed. Subject to
deposit of fine amount (if not already deposited) the remaining jail sentence
during the pendency of the revision is hereby suspended and it is directed
that applicant be released on bail on his furnishing personal bond in sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the
like amount to the satisfaction of learned trial Court for his appearance
before the Registry of this Court on 05.05.2025 and on all such subsequent
dates, which are fixed in this regard.
Accordingly, the said IA is disposed off.
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List the matter for final hearing in due course.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
