Rafiq Khan vs The State Of Madhya Pradesh
2025 Latest Caselaw 11226 MP

Madhya Pradesh High Court

Rafiq Khan vs The State Of Madhya Pradesh on 17 November, 2025

                                                                 1                              CRA-9430-2025
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                         CRA No. 9430 of 2025
                                                (RAFIQ KHAN Vs THE STATE OF MADHYA PRADESH )


                           Dated : 17-11-2025
                                 Shri Amit Jain - Advocate for the appellant.
                                 Mrs. Nupur Dhamija - Dy. Govt. Advocate for respondent.

Heard on admission.

The appeal is admitted for hearing.

Heard on I.A. No.24085/2025, which is first application under Section 430 (1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 12.9.2025 passed by the learned 25th ASJ, Bhopal, District Bhopal (M.P.) inS.T. No.160/2025, whereby appellant has been convicted for offence under Sections 420, 467, 468 and 471 of the IPC and sentenced to undergo RI for 03 years for each offence and fine of Rs.2000/- for each offence with default stipulation with default stipulation.

Learned counsel for the appellant submitted that learned trial Court has

wrongly convicted the appellant without properly appreciating the evidence available on record. It is further submitted that sentence imposed on the appellant was suspended by the trial Court till 11.10.2025. The said order of suspension was extended by this Court on 6.10.2025 till today. However, the appellant did not misuse the liberty so granted. It is also submitted that the present appeal will take considerable time for its disposal and, looking to the short period of jail sentence, benefit of suspension of sentence may be granted and the appellant may be

2 CRA-9430-2025

released on bail during pendency of this appeal.

On the other hand, learned counsel for the State has opposed the prayer made by the appellant.

Heard learned counsel for the rival parties and perused the record.

Considering the facts and circumstances of the case so also looking to the fact that the jail sentence of appellant was already suspended by the trial Court which was extended by this Court from time to time, but without expressing any opinion on the merits of the case, I.A. No.24085/2025 is allowed. It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a 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 the present appellant shall remain suspended and he shall be released on bail. The present appellant is further directed to mark his appearance before the concerned trial Court on 09.02.2026 and on subsequent dates as may be fixed by the trial Court in this regard.

List the case for final hearing in due course.

C.C. as per rules.

(RAJENDRA KUMAR VANI) JUDGE mrs. mishra