Madhya Pradesh High Court
Anwar Kha vs The State Of Madhya Pradesh on 1 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
CRA-2869-2022
(Anwar Khan Vs. State of M.P.)
Gwalior, Dated : 01/04/2022
Shri Hemant Rana, learned counsel for the appellant.
Shri R.K. Awasthi, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Appeal seems to be arguable, hence, it is admitted for final hearing.
Learned counsel for the respondent/State accepts notice on behalf of the respondent/State.
Record of the trial Court be called for.
This appeal has been preferred against the judgment dated 10/03/2022 passed in Special Case No.117/2016 by the Special Judge, Vidisha (M.P.) constituted under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, whereby the appellant has been convicted and sentenced as under :-
Sections Sentence Fine (Rs.) Default
Stipulation
354 of IPC 1 Year RI 1,000/- 15 Days RI
3(1)11 of the SC/ST 6 Months RI 1,000/- 15 Days RI
Act.
I.A. No.4828/2022, an application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the sole appellant- Anwar Khan.
Learned counsel for the appellant submits that 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-2869-2022 (Anwar Khan Vs. State of M.P.) accused/appellant has been falsely implicated in this case and he is not concerned with the case directly or indirectly. He was on bail during trial and he has not misused the liberty granted to him Learned trial Court has already suspended his jail sentence for a period of one month from the date of judgment. The fine amount has already been deposited by him. Disposal of appeal shall take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellant.
Per contra, learned Public Prosecutor appearing on behalf of the respondent/State opposed the prayer and prayed for dismissal of this application.
Keeping in view of the aforesaid facts and circumstances of the case particularly, having regard to the facts that sentence has already been suspended by the trial Court, the appellant has remained bail throughout trial, but without expressing any opinion of merits, I.A. No.4828/2022 is allowed.
It is, therefore, directed that sentence of appellant- Anwar Khan shall remain under suspension subject to depositing fine amount and on his furnishing personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with two solvent sureties each of the like amount to the satisfaction of concerned trial Court, for his appearance before the Registry of this Court on 20th of June, 2022 and 3 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-2869-2022 (Anwar Khan Vs. State of M.P.) thereafter on all subsequent dates as may be fixed by the office.
Application (IA No.4828/2022) stands disposed of. Certified copy/e-copy as per rules/directions.
(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee473fe77 953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D159B55575 E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.04.01 18:59:05 +05'30'