Noor Shah @ Lallu vs The State Of Madhya Pradesh
2021 Latest Caselaw 992 MP

                                                           1                               CRA-3218-2016
                              The High Court Of Madhya Pradesh
                                         CRA-3218-2016
                                      (NOOR SHAH @ LALLU Vs THE STATE OF MADHYA PRADESH)

                      19
                      Jabalpur, Dated : 23-03-2021
                             Shri Brijesh Kumar Mishra, Advocate for the appellant.
                             Shri Dharmendra Kaurav, Panel Lawyer for the respondent/State.

Heard on I.A.No.11307/2020 filed under Section 389(1) of Cr.P.C on 10.10.2020 on behalf of the appellant Noor Shah alias Lallu for suspension of substantive jail sentence awarded by the trial Court vide judgment dated

30.08.2016 passed in S.T.No.72/2011 by Additional Sessions Judge, Kotma.

This is the fourth I.A on behalf of the appellant. Previously three applications have been withdrawn on different dates.

The appellant has been convicted for the offence under Sections 419, 420, 467, 468 and 471 of IPC and maximum sentence has been awarded for 10 years for the offence under Section 467 of IPC.

It appears from the case that the appellant tried to withdraw the amount from the account of Babulal by submitting the withdrawal form. When suspension was created, then the Bank Official inquired from the appellant,

then he also admitted that on 10.03.2019 he withdrawn Rs.50,000/- from the same account.

As per para - 34 of the judgment the appellant remained in custody since 27.04.2011 to 20.06.2011 thereafter from 14.11.2011 to 29.02.2012. Then from the date of judgment i.e. 30.08.2016 he is still confined in custody. There is no any criminal back ground of the appellant. The appeal will take sufficient time in final disposal.

Therefore, looking to the custody period the I.A is allowed. The remaining jail sentence awarded to the appellant Noor Shah alias Lallu by the trial Court will be suspended till final disposal of the appeal subject to furnishing a bail bond worth Rs.50,000/- (Rupees Fifty Thousand only)

Signature Not and a personal bond of the same amount to the satisfaction of the trial Court. SAN Verified

Digitally signed by VINOD SHARMA Date: 2021.03.23 16:08:52 IST 2 CRA-3218-2016 After releasing on bail, the appellant will appear before the Registry of this Court on 07.12.2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

                                                                          (B. K. SHRIVASTAVA)
                                                                                  JUDGE


                      Vin**




Signature
 SAN      Not
Verified

Digitally signed by
VINOD SHARMA
Date: 2021.03.23
16:08:52 IST