Amir Khan @ Poliyo vs State Of Madhya Pradesh

J.P.Gupta, J

Heard on I.A.No.12998/2020 which is third application filed by appellant under section 389(1) of Cr.P.C. for suspension of his jail sentence dated

21.3.2018 passed by the SJ Sehore, District Sehore, in Sessions Case No.196/2017 convicting the appellant under sections 342 r/w 34 and 307 I.P.C.

and sentenced him to undergo R.I. for 6 months and fine of Rs.500/- and R.I. for 5 years along with fine of Rs.5,000/-, with default stipulation. First

application was dismissed vide order dated 24.7.2019 with the observation that at this stage it cannot be said that the appellant is entitled to get the

benefit of suspension of sentence. Thereafter, another I.A.No.2552/2020 was dismissed as withdrawn vide order dated 3.3.2020.

Learned counsel for the appellant submitted that the appellant has completed more than half period of jail imprisonment, i.e. more than three and half

years. Disposal of appeal will take time. Co-accused has already been released on bail after suspension of sentence. Appellant has fair chance to

succeed in the appeal and there is reasonable possibility that the sentence may be reduced to the sentence already undergone. In the circumstances, if

execution of sentence is not suspended, his right to appeal will be futile. In the aforesaid circumstances, prayer is made to suspend the execution of jail

sentence and grant bail to the appellants.

On the other hand, learned P.L. for the respondent-State has opposed the application and prayed for rejection of the same.

Having considered the contention of learned counsel for the parties and on perusal of the record, this application is allowed. It is ordered that subject

to payment of fine amount, if not already deposited, execution of jail sentence of appellant Amir Khan @ Poliyo shall remain suspended during the

pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one

surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 12.1.2021 & thereafter on all other such

subsequent dates as may be fixed by that Court in this regard.

In case, the appellant is found absent on any date fixed by the trial court, then the trial court shall be free to issue and execute warrant of arrest

without referring the matter to this Court, provided the Registry of this Court is kept informed.

List the appeal for final hearing in due course. C.C. as per rules.