Salim Pathan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8612 MP

            The High Court Of Madhya Pradesh, Bench At Indore

                                          Cr.A No.695/2017
                                    (Salim Pathan Vs. State of MP)             1
             INDORE; DATED - 10/12/2021
                      Shri Manoj Saxena, learned counsel for the appellant.
                      Shri S.Seth, learned counsel for the respondent/State.

Heard on IA No.28153/2021, which is sixth application filed under section 389 (1) of the Cr.P.C for suspension of sentence of applicant Salim Pathan, who has been convicted under section 395, 397, 332 of the IPC and and 25(1B) of the Arms Act and sentenced to undergo 10,10,01,01 years RI respectively.

Learned counsel for the appellant submits that the Court below has convicted the appellant and directed him to undergo RI of 10 years. The appellant has already undergone 7 years and 6 months. He has no criminal record, which is evident from para 103 of the judgment. The final hearing of this appeal is not possible in near future. The remaining jail sentence of the appellant may be suspended.

The prayer is opposed by the learned counsel for the respondent/state.

Considering the fact that the appellant does not have any criminal record and he remained in custody for more than 3/4 th of the period of sentence and the fact that final hearing of the matter is not possible in near future, I deem it proper to suspend the remaining jail sentence of the applicant, therefore, IA No.28153/2021 is allowed. The execution of jail sentence of appellant is hereby suspended and it is ordered that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Trial Court, Sarangpur District Rajgarh (Biaora) on 22.02.2022 and also on such other dates, as may be fixed by the trial Court, Sarangpur District Rajgarh (Biaora) in this regard during the pendency of this appeal.

(Sujoy Paul) Judge sourabh

Digitally signed by SOURABH YADAV Date: 2021.12.11 10:23:45 +05'30'