Mohd. Aslam Qureshi vs The State Of Madhya Pradesh
2021 Latest Caselaw 8882 MP

                                                                      1                           CRA-6859-2021
                                         The High Court Of Madhya Pradesh
                                                  CRA No. 6859 of 2021
                                               (MOHD. ASLAM QURESHI Vs THE STATE OF MADHYA PRADESH)


                                 Jabalpur, Dated : 15-12-2021
                                       Shri Manish Datt, learned senior counsel with Shri Pawan Gujar,

                                 learned counsel for the appellant.
                                       Shri Manoj Kumar Singh, learned counsel for the respondent-State.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing.

Also heard on I.A.No.20416/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Mohd. Asalm Qureshi.

This appeal has been preferred against the judgement dated 12/11/2021 passed by Fifteenth Additional Sessions Judge, Bhopal (M.P.) in S.T. No.585/2009 whereby learned Judge found the appellant guilty for the offence punishable under Sections 409 read with 120-B of IPC and sentenced him to undergo R.I. for 5 years with fine of Rs.5,000/- with default clause.

Learned counsel for the appellant submitted that it is alleged that co-

accused Devashish Banerjee embezzled the amount of Rs.16,78,400/- and he gave that amount to co-accused Sahid Beg and co-accused Sahid Beg gave that amount to appellant Mohd. Aslam while there is no evidence on record to show that co-accused Devashish Banerjee or co-accused Sahid Beg gave any amount to appellant Mohd. Aslam. Learned trial Court on the basis of Articles (A-1 to A-4) and the memorandum of co-accused Devashish Banerjee found that appellant received the embezzled amount while memorandum of co-accused Devashish Banerjee is not admissible in evidence against the appellant. Articles (A-1 to A-4) were also not written by the appellant Mohd. Aslam. It is alleged that the Articles (A-1 to A-4) were allegedly written by the co-accused Devashish Banerjee, so only on that basis also it cannot be said that appellant took any amount from the co-accused Devashish Banerjee or co-accused Sahid Beg. Learned trial Court without Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.12.15 17:25:17 IST 2 CRA-6859-2021 appreciating all these facts wrongly found appellant guilty for the aforesaid offences Appellant is in custody since the date of judgment i.e. 12/11/2021. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

On the other hand, learned counsel for the respondent opposed the

prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that appellant is in custody since 12/11/2021 and according to listing policy the hearing of this appeal is likely to take a long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 22/03/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the matter for final hearing in due course. C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

mn

Signature Not Verified SAN

Digitally signed by MANOJ NAIR Date: 2021.12.15 17:25:17 IST