Madhya Pradesh High Court
Hadda @ Imkraan Khan vs The State Of Madhya Pradesh on 28 August, 2017
1
Cr.A.No.3287/2017
28.08.2017
Shri Satyam Agrawal, counsel for the appellant.
Shri A.K. Sharma, Government Advocate for the
respondent/State.
Learned counsel for the state is directed to comply the provisions of Section 15-A (III) of SC/ST (Prevention of Atrocities) Act.
Heard on I.A. No.16281/2017, which is an application U/S.389 (1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Hadda @ Imran Khan.
This appeal has been preferred against the judgment dated 12.08.2017 passed by Special Judge (SC/ST Act), Sehore (M.P.) in Special Case No.43/2013 whereby learned Special Judge (SC/ST Act) found appellant guilty for the offences punishable under Sections 341, 147 and 323/149 of IPC and sentenced him to undergo one month SI, 6 months RI and six months RI with fine of Rs.500/- with default stipulation.
Learned counsel for the appellant submitted that the trial Court without appreciating the evidence properly wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal would likely to take long time.
On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved 2 Cr.A.No.3287/2017 beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.
Looking to the short sentence and other facts and circumstances of the case, as an interim measure, it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended till next date of hearing and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court.
Office is directed to call for the record. List this case alongwith the record for consideration of I.A.No.16281/2017 as well as for admission on 04.10.2017. On that date appellant shall remain present in person before this Court.
C.C. on payment of usual charges.
(Rajeev Kumar Dubey) Judge (ra)