LAWS(MPH)-2023-5-7

RAJJAK KHAN Vs. STATE OF MADHYA PRADESH

Decided On May 12, 2023
Rajjak Khan Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Heard on I.A.No.8726/2023, which is first application for suspension of sentence and grant of bail moved on behalf of appellant No.1 - Rajjak Khan and appellant No.2 - Bare Khan.

(2.) The Trial Court has convicted the appellants under Sec. 323 of IPC and sentenced to undergo three months' RI with fine of Rs.500.00, under Sec. 326/34 of IPC and sentenced to undergo three years' RI with fine of Rs.10,000.00, with default stipulation, vide judgment of conviction and order of sentence dtd. 11/4/2023 passed by Second Additional Sessions Judge, District Bhind in S.T.No.56/2017.

(3.) Learned counsel for the appellants submits that the Trial Court has not properly appreciated the evidence available on record. The appellants were on bail during trial and they have not misused the liberty granted to them. Learned Trial Court has committed error in holding the appellants guilty for the aforesaid offences. The Trial Court has already suspended his sentence till 24/5/2023. There is no likelihood of hearing of appeal in near future. In view of aforesaid, learned counsel for the appellants prays for suspension of remaining jail sentence and grant of the bail to the appellants. Learned counsel for the respondent/State has opposed the prayer. Heard learned counsel for both the parties.