Mohammad Zafar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1918 MP

                                   1                              CRA-2392-2021
        The High Court Of Madhya Pradesh
                   CRA-2392-2021
                (MOHAMMAD ZAFAR Vs THE STATE OF MADHYA PRADESH)

3
Gwalior, Dated : 08-05-2021
      Heard through Video Conferencing.
      Shri A.R. Shivhare, learned counsel for the appellant.
      Shri Siraj Qureshi, learned Public Prosecutor for the State.
      I.A.No.10670/21, first application for suspension of jail sentence and
grant of bail moved by the appellant is taken up and considered.

      The appeal is already admitted vide order dated 28.04.2021.
      This Criminal appeal assails the judgment dated 19/03/2021 passed in
Special Case Trial No.100073/2016 by XII Additional Sessions Judge,
Gwalior (M.P.) whereby the appellant has been convicted and sentenced u/S
420 of IPC and for 4 years RI with fine of Rs.1000/- and sentenced under
Sec. 6(1) of M.P. Nikshepakon Ke Hiton Ka Sarakshan Adhiniyam, 2000 for
4 years RI with fine of Rs.50,000/- with default stipulations.
      Contention of counsel for the appellant is that initially the appellant was
in custody since 16.2.2016, thereafter, he has been bailed out vide order

dated 11.08.2017 passed in M.Cr.C. No.4813/2017. Thereafter, he is in
custody since date of judgment i.e.19.03.2021. He has further submitted that
the appellant has already undergone substantial period of more than 19
months imprisonment in custody. Hearing of appeal shall take some time and
appellant is suffering incarceration. He is ready to deposit the fine amount as
has been imposed by the trial Court. Hence, looking to the period of custody,
he prays for suspension of sentence and grant of bail to the appellant.
      Learned for the respondent/State opposed the prayer stating that the

allegation against the appellant regarding embezzlement of amount of Rs.100 Cr. under Sec. 6(1) of M.P. Nikshepakon Ke Hiton Ka Sarakshan Adhiniyam, 2000 and prayed for dismissal of this application.

I n view of the said facts and that there is no likelihood of early 2 CRA-2392-2021 disposal of the appeal in near future and looking to the present scenario of COVID-19, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, without expressing any opinion on the merits, I.A.No. 10670/21 is allowed and it is directed that the jail sentence of the appellant will remain under suspension subject to the verification that the amount

of fine has been deposited as well as the fact that appellant has suffered incarceration at least more than 19 months, on the appellant's furnishing bail bond of Rs. 50,000/- (Rs. Fifty Thousand Only) with two solvent sureties of Rs. 25,000/- in the like amount to the satisfaction of CJM concerned for his appearance before Registry of this Court on 30.11.2021 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List this appeal for final hearing in due course. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

(LJ*)

LOKENDRA JAIN 2021.05.08 15:53:28 -07'00'