Amjadshah vs The State Of M.P.
2021 Latest Caselaw 4784 MP

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                                                                                      CRA No.1259/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.1259/2021
Indore, Dated 27.08.2021
         Shri Rakesh Kumar Sharma, learned counsel for appellant

Amjad Shah s/o Anwar Shah.

         Shri Vikas Jaiswal, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.3382/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by

Special Judge (under POCSO Act) / 6th Additional Sessions Judge,

Ujjain (MP) in Sessions Case No.217/2019 (146/2019) vide

judgment dated 9th December, 2020, as under: -

              Conviction                                   Sentence
    Section                Act             RI        Fine amount      Imprisonment in lieu of fine
   368         IPC, 1860         3 years            Rs.1,000/-        2 months RI

Learned counsel for the appellant has submitted that the

appellant was on bail during the trial and he did not misuse the

liberty so granted to him. It is further submitted that the remaining

jail sentence of co-appellant Salma w/o Ambaram Suryawanshi (who

has filed Criminal Appeal No.248/2021) has already been

suspended by this Court vide order dated 20.01.2021 in IA

No.314/2021 and the case of the present appellant is identical to co-

CRA No.1259/2021

appellant Salma. It is further submitted that there are fair chances of

success in the appeal, there is no possibility of early disposal of this

appeal in near future; and if the sentence is not suspended, then the

present appeal filed by the appellant may turn infructuous. Under

these circumstances and looking to the short sentence imposed on the

appellant, learned counsel for the appellant prays for suspension of

jail sentence of the appellant and grant of bail to him.

Learned Panel Lawyer for the respondent / State of Madhya

Pradesh opposes the application by submitting that no sufficient

ground is made out for releasing the appellant on bail; hence the

application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the learned counsel for the parties, this Court

is of the considered opinion that the application for suspension of

custodial sentence deserves to be allowed, maintaining parity with

co-appellant Salma.

Accordingly, without expressing any opinion on merits of the

case, IA No.3382/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant in the sum of

Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his /

her regular appearance before this Court, the execution of the

custodial part of the sentence imposed against the appellant shall

CRA No.1259/2021

remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the Registry of this Court on 22.12.2021 and on

all such subsequent dates, as may be fixed by the Registry in this

regard.

Let the record of the case from the concerned trial Court be

requisitioned, if not requisitioned.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.08.28 16:14:52 +05'30'