Sharif Ahamad vs The State Of Madhya Pradesh
2021 Latest Caselaw 5007 MP

                                                                    1                              CRA-11080-2019
                                         The High Court Of Madhya Pradesh
                                                    CRA-11080-2019
                                                  (SHARIF AHAMAD Vs THE STATE OF MADHYA PRADESH)

                                6
                                Indore, Dated : 03-09-2021
                                        Heard through Video Conferencing.
                                        Parties through their counsel.

                                        Heard o n I.A.No.10511/2019, which is an application filed
                                under Section 389 of Cr.P.C for suspension of jail sentence of

                                appellant Sharif Ahmad, who has been convicted by the Eight
                                Additional Sessions Judge, District Ujjain for the offence punishable
                                under section 120-B of IPC vide judgment dated 30.11.2019 passed
                                in S.T. No. 536/2015 and has been sentenced to undergo one year R.I.
                                with a fine of Rs. 1000/- and in default of fine amount further one
                                month R.I .
                                        Learned counsel for the applicant has argued before this Court
                                that the applicant was on bail during trial. He has also argued that
                                there are lot of contradictions and omissions in respect of the

                                evidence brought before the trial court. He has also argued that final
                                hearing of the appeal will take a long time, hence, the application for
                                suspension of sentence be allowed and the applicant be released on
                                bail.
                                        Counsel for the respondent / State of Madhya Pradesh opposed

the application by submitting that the appellant has been found to have been involved in the malpractice of taking amount from various persons on the pretext of getting them jobs in Government service. The case of the prosecution has been proved beyond a reasonable doubt from the volumness oral as well as documentary evidence Signature Not Verified SAN produced by him before the court below. On such grounds no Digitally signed by RASHMI PRASHANT Date: 2021.09.04 13:01:55 IST 2 CRA-11080-2019 sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Heard the arguments of learned counsel for the parties and perused the records. In view of the above, this Court is of the considered opinion that the application for suspension of custodial

sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the case, I.A.No.10511/2019 is allowed and it is directed that appellant shall be released on bail upon his depositing the fine amount (if already not deposited) and furnishing a personal bond by the 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 concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 20.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the matter be listed for final hearing in due course. C. c. as per rules.

(PRANAY VERMA) JUDGE

rashmi

Signature Not Verified SAN

Digitally signed by RASHMI PRASHANT Date: 2021.09.04 13:01:55 IST