Rashid vs The State Of Madhya Pradesh
2021 Latest Caselaw 9134 MP

                                                                               1                             CRA-7066-2021
                                                    The High Court Of Madhya Pradesh
                                                             CRA No. 7066 of 2021
                                                                 (RASHID Vs THE STATE OF MADHYA PRADESH)


                                            Indore, Dated : 22-12-2021
                                                  Shri Jitendra Sharma, learned counsel for the appellant.

                                                  Shri Gopal Yadav, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted.

Also heard on I.A. No.28931/2021, an application under Section 389

(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant -Rashid.

The appellant has been convicted for offence under Sections 354 of IPC, 1860; sentenced to undergo 1 year R.I with fine of Rs.1000/- and usual default stipulation vide judgment dated 22/11/2021, passed by Special Judge

(POSCO ACT)/8 th Additional Sessions Judge, District Ujjain, in S.C.A.T.R. No.205/2018.

Learned counsel for the appellant has submitted that the appellant was o n bail during trial and has not misused the liberty granted to him. After

conviction also the sentence has been suspended by the trial Court till 22/01/2022 and the trial would take considerable time for its final disposal. Under these circumstances, counsel prayed for suspension of remaining jail sentence of the appellant and grant of bail.

Learned Panel Lawyer for the respondent/State on the other hand, has opposed the bail application.

Considering the quantum of sentence imposed upon the appellant and the fact that sentence of the appellant has already been suspended till 22/01/2022, this Court is of the considered opinion that the application for suspension of custodial sentence moved on behalf of the appellant deserves to be allowed .

Accordingly, I.A. No.28931/2021 is allowed and it is directed that Signature Not VerifiedDigitally signed by SAN SUMATHI JAGADEESAN Date: 2021.12.23 subject to depositing the fine amount and on furnishing personal bond by 10:28:24 IST 2 CRA-7066-2021 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 regular appearance before this Court, the execution of custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

Appellant -Rashid, after being enlarged on bail, shall mark his presence before the Registry of this Court on 25/02/2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

Let the record be requisitioned.

List after receipt of record.

Certified copy, as per Rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

sumathi

Signature Not Verified VerifiedDigitally Digitally signed by SAN SUMATHI JAGADEESAN Date: 2021.12.23 10:28:24 IST