Madhya Pradesh High Court
Ramzan Khan vs The State Of Madhya Pradesh on 30 September, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8671 of 2022 (RAMZAN KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH) Dated : 30-09-2022 Shri Shreyas Pandit, counsel for the appellants.
Ms. Seema Sahu, Panel Lawyer for the State.
Heard on I.A. No.18586/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellants.
Appellant No.1 Ramzan Khan, appellant No. 3 Imran, appellant No. 4 Iqbal @ Hanif, appellant No. 5 Aslam @ Raja and appellant No. 6 Irfan @ Chotu Babu have been convicted by the trial Court under Section 148, 324/149, 323/149 (on 4 counts) of IPC and sentenced to R.I. for 6 months with fine of Rs.500/- each, R.I. for 6 months with fine of Rs.1000/- each and R.I. for 3 months with fine of Rs.500/- each (on each count) respectively with default stipulations.
Appellant No.2 Rizvaan @ Bade Babu has been convicted by the trial Court under Section 148, 324, 323/149 (on 4 counts) of IPC and Section 25(1B)(b), 27 of the Arms Act and sentenced to R.I. for 6 months with fine of Rs.500/- R.I. for 6 months with fine of Rs.1000/-, R.I. for 3 months with fine of Rs.500/- (on each count), R.I. for 1 year with fine of Rs.500/- and R.I. for 3 years with fine of Rs.1000/- respectively with default stipulations.
Learned counsel for the appellants has submitted that maximum sentence awarded to the appellants is 6 months except appellant No. 2 Rizvaan@ Bade Babu. Maximum sentence awarded to appellant No. 2 Rizvaan @ Bade Babu is Signature Not Verified SAN 3 years. The trial Court has suspended the jail sentence of the appellants till Digitally signed by PRADYUMNA BARVE Date: 2022.09.30 18:58:27 IST 14.10.2022. Disposal of this appeal would take considerable time, therefore, jail 2 sentence of the appellants may be suspended and they may be released on bail.
Learned Panel Lawyer has opposed the application for suspension of sentence and grant of bail filed on behalf of the appellants.
Looking to the nature of offence, period of jail sentence awarded to the appellants and the fact that trial Court has suspended the jail sentence of the appellants, I find it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, without commencing on the merit of the case, this 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 the sum of Rs.40,000/-
(Rupees Forty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellants namely Ramzan Khan, Rizvaan @ Bade Babu, Imran, Iqbal @ Hanif, Aslam @ Raja and Irfan@Chotu Babu shall remain suspended during the pendency of this case and they shall be released on bail.
The appellants shall appear before the trial Court concerned on 28.2.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.
Record be requisitioned.
List for admission along with the record after 8 weeks.
(SMT. ANJULI PALO) JUDGE PB Signature Not Verified SAN Digitally signed by PRADYUMNA BARVE Date: 2022.09.30 18:58:27 IST