Mohsin vs The State Of Madhya Pradesh
2021 Latest Caselaw 3446 MP

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    HIGH COURT OF MADHYA PRADESH : BENCH AT
                            INDORE
   (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
                       CRA No. 586/2016
               (Mohsin and others V/s. State of M.P.)
Date : 19.07.2021 :
       Shri Amar Singh Rathore, learned counsel for the appellant .
       Ms. Chitralekha Hardia, learned Panel Lawyer for the
respondent/State.

Heard on I.A. No.17228/2021, an application for directing the jail authorities to release the appellant No.2 Javed from the custody and fix the fresh date of his appearance before the registry of this Court. The appellant No.2 Javed has been convicted and sentenced as under:

Section & Act. Imprisonment Fine Amount Imprisonment in lieu of default of payment of fine.

 148 of I.P.C.           2 years R.I.                   -                 -
 307/149 of I.P.C.      10 years R.I.              Rs.25,000/-      3 months R.I.

The earlier application of the appellant No.2 Javed was allowed vide order dated 21.02.2017 with direction to appear before the registry of this court on 27.03.2017, thereafter, he was regularly appearing before the registry. Since he failed to appear on the date fixed by this Court, therefore, he was directed to be produced on production warrant. In compliance of the aforesaid warrant, the appellant No.2 was produced before this Court on 14.01.2020 and on the same date he was sent to custody for serving his remaining jail sentence.

Learned counsel for the appellant submits that appellant No.2 Javed was arrested in crime No.141/2018 on 19.05.2018 and facing trial in Session Trial No.599/2018, now vide judgment dated 28.06.2021, he has been acquitted in crime No. 141/2018 from all the

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charges.

Learned Panel Lawyer opposes the application and prays for its rejection.

I have heard learned counsel for the parties and perused the record.

Since the jail sentence of appellant No.2 had already been suspended by this Court vide order dated 21.02.2017 but due to implication in Crime No.141/2018 he could not appear before the registry of this Court. Now he has been acquitted in the aforesaid crime number, therefore, jail sentence of the appellant No.2 Javed is suspended on same terms and condition of order dated 21.02.2017. He shall be released from jail, if not required any other crime.

Accordingly, I.A. No.17228/2021, is allowed and it is directed that subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing fresh personal bond by the appellant in the sum of Rs.30,000/- ( Rupees Thirty thousands only), with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 31.01.2022 and on all such subsequent dates fixed in the connected appeals for appearance of other accused/appellants.

In view of above, I.A.No.17227/2021 is closed. List for final hearing in due course.

C.C. as per rules.

( VIVEK RUSIA ) JUDGE praveen/-

Digitally signed by PRAVEEN NAYAK Date: 2021.07.19 18:26:50 +05'30'