Ashraf Ali vs The State Of Madhya Pradesh
2021 Latest Caselaw 8398 MP

                                   1                               CRA-6446-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6446 of 2021
                    (ASHRAF ALI Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 07-12-2021
      Mr. Dinesh Mishra, Advocate for the appellant.

      Mr. Punit Shroti, Panel Lawyer for the respondent/State.

Heard on the question of admission.

This appeal is admitted for final hearing.

Also heard on I.A. No.19243/2021 which is an application for

suspension of sentence and grant of bail to the appellant.

The appellant has been convicted for the offence punishable under Sections 306 and 498-A of the Indian Penal Code and sentenced thereunder to suffer R.I. for five years and three years respectively with fine of Rs.1,000/- and Rs.1,000/- respectively with default stipulations. Both the sentences are directed to run concurrently.

Learned counsel for the appellant submits that the appellant remained in jail during trial w.e.f. 30.01.2016 to 06.04.2017 and now from the date of judgment. He further submits that appellant got married with the deceased

prior to five years from the date of incident and out of the said wedlock, the deceased gave birth to a girl who is aged about seven years. He submits that the appellant's mother is an old aged lady and it is very difficult for her to look after the child, therefore, considering the appellant's custody period, this application may be allowed and the appellant may be enlarged on bail.

On the other hand, learned Panel Lawyer submits that considering the nature of offence, the appellant is not entitled to be released on bail.

Considering the arguments advanced by learned counsel for the parties and on perusal of the record, I am inclined to enlarge the appellant on bail. Therefore, without commenting anything on merits, I.A. No.19243/2021 is allowed.

It is directed that on appellant's depositing the entire fine amount (if not deposited) as also furnishing a personal bond in the sum of Rs.50,000/-

2 CRA-6446-2021 (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 24.03.2022 and on all such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in

any other case.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2021.12.08 10:34:22 +05'30'