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Judgment
IA.4446/2022, an application under Section 389(1) Cr.PC.moved on behalf of respondent No.2-Rizwan Ali is dismissed as not pressed.
This Court on 23.02.2022 had ordered for issuance of notices to respondents No.2 and 3 complying with the provisions of Section 390 Cr.P.C.
Respondent No.3-Afsar Ali was produced by Police in custody on 25.03.2022. This Court had ordered for release of respondent No.3 on furnishing a personal bond in the sum of Rs.50,000/- to the satisfaction of the Registrar of this Court and thereafter to appear before the Registry of this Court on such subsequent dates as may be fixed in this regard during pendency of this appeal. Besides, it was further directed that within seven days from the date of the order, respondent No.3 shall furnish surety bond in the like amount before the CJM, Datia.
Today, respondent No.2-Rizwan Ali has surrendered before this Court by filing two applications through his advocate Shri Padam Singh viz. one IA.5061/2022 an application for surrender and the other IA.5062/2022 an application under Section 390 Cr.P.C. for suspension of sentence and grant of bail to respondent No.2 Rizwan Ali in the context of order dated 25.03.2022.
Respondent No.2-Rizwan Ali is present before this Court in person and identified by his counsel Shri Padam Singh. Respondents No.2 and 3 have been acquitted vide judgment dated 31.12.2021 passed by Sessions Judge, Datia (M.P.) in ST No.200029/2016. Hence, IA.5061/2022 is allowed and closed.
Maintaining parity, IA.5062/2022 an application under Section 390 Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of respondent No.2-Rizwan Ali is allowed. On respondent no.2 furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand) to the satisfaction of the Registrar of this Court, he shall be released for his appearance before the Registry of this Court on 26/04/2022 and thereafter on such subsequent dates as may be fixed in this regard during pendency of this appeal.
It is further directed that within seven days from today, respondent no.2 shall furnish a surety bond in the like amount before CJM Datia and on his failure to do so, the CJM shall intimate the Registry of this Court forthwith.
Record of the court below has already been received.
Heard on the question of admission.
Considering the submissions advanced, appeal is admitted for final hearing.
List in the week commencing 04/04/2022.