Wahid vs The State Of Madhya Pradesh
2021 Latest Caselaw 8177 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                        Cr. A. No.15 of 2015
                  Wahid & Another Vs. State of M.P.

Indore, Dated:- 03/12/2021
      Shri Mohammad Ikram Ansari, Counsel for the appellant No.1

- Wahid.

      Shri Palash Choudhary, Counsel for the respondent/State.

Heard on IA No.28489/2021, second/repeat 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 No.1.

The present appellant has been convicted and sentenced by

Additional Sessions Judge, Mahidpur, District - Ujjain (MP) in

Sessions Trial No.359/2012 vide judgment dated 22.12.2014, as

under: -

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

   363           IPC, 2 years Rs.5,000/- 3 months RI

Considering the fact that the appellant has completed more than

two years of incarceration, whereas the sentence awarded to him is of

2 years only, counsel for the present appellant has submitted that the

appellant was arrested in another case registered under Section 302 of

IPC in which his sentence has already been suspended by this Court

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.15 of 2015 Wahid & Another Vs. State of M.P.

in Criminal Appeal No.556/2018 dated 18.11.2021. Hence, it is

submitted that in the present case also the sentence be suspended as

on earlier occasion also this Court was pleased to allow the

application for suspension of sentence of the present appellant vide

order dated 24.09.2015.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

On due consideration of submissions and considering the

period of incarceration, this Court finds force with the contentions

raised by the Counsel for the present appellant to allow the

application for suspension of custodial sentence.

Accordingly, without expressing any opinion on merits of the

case, IA No.28489/2021 is allowed and it is directed that on his

furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand) with a solvent surety in the like amount to the satisfaction

of the learned trial Court, for his / her regular appearance before

concerned trial Court, the execution of the custodial part of the

sentence imposed against the appellant shall remain suspended, till

the final disposal of this appeal.

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

presence before the concerned trial Court on 02.03.2022 and on all

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.15 of 2015 Wahid & Another Vs. State of M.P.

such subsequent dates, as may be fixed by the concerned Court in this

regard.

Counsel for the respondent/State is also directed to inquire

from the Jail Authorities whether the appellant has already

undergone the sentence awarded to him or he is still to remain in

jail on account of his subsequent arrest in another offence.

Let the matter be listed after four weeks.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.12.03 17:06:13 +05'30'