Nasir vs The State Of Madhya Pradesh
2021 Latest Caselaw 2243 MP

                                                            1                             CRA-9617-2019
                              The High Court Of Madhya Pradesh
                                         CRA-9617-2019
                                      (NASIR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                      11
                      Jabalpur, Dated : 10-06-2021
                            Through Video Conferencing.
                            Shri Sanjay Pandey, Advocate for the appellant.
                            Shri Vijay Kumar Shukla, Panel Lawyer for the respondent/State.

Heard on I.A.No.10205/2021 filed on 05.06.2021 under Section 389(1) of Cr.P.C on behalf of the appellant No.2 Mansur Ali for suspension of

substantive jail sentence.

Appellant has been convicted by the judgment dated 31.10.2019 passed by VII ASJ, Bhopal in S.T.No.1100340/2017. The trial Court convicted the appellant Mansur Ali for the offence under Section 307 read with Section 34 of IPC and awarded sentence of 5 years R.I with fine of Rs.1000/- with default stipulation.

It appears from the record that the main accused Nasir has been convicted under Section 307 of IPC because he inflicted injury to the complainant with the help of sword. The present appellant and Ubesh Khan

alias Chhuri have been convicted for the offence under Section 307/34 of IPC. It transpired from the para-42 of the judgment that the present appellant and Ubesh Khan alias Chhuri caused injury by kicks and fists. Ubesh Khan alias Chhuri has been enlarged on bail vide order dated 06.05.2021 by another Bench of this Court passed in Cr.A.No.9978/2019. The allegation against the present appellant is similar to Ubesh Khan alias Chhuri.

Therefore, upon the ground of parity, the application (I.A.No.10205/2021) is allowed. The substantive jail sentence of the appellant No.2 Mansur Ali shall remain suspended and he shall be released on bail till final disposal of the appeal subject to his furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand only) and a personal bond of the

Signature Not same amount to the satisfaction of the trial Court. After releasing on bail, the SAN Verified

Digitally signed by VINOD SHARMA Date: 2021.06.10 17:10:20 IST 2 CRA-9617-2019 appellant No.2 will appear before the Registry of this Court on 22.12.2021, which is already fixed for co-accused and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

At the time of releasing the appellant from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned authorities.

Accordingly, I.A. No.10205/2021 stands allowed. Certified copy as per rules.

                                                                              (B. K. SHRIVASTAVA)
                                                                                      JUDGE


                      Vin**




Signature
 SAN      Not
Verified

Digitally signed by
VINOD SHARMA
Date: 2021.06.10
17:10:20 IST