Madhya Pradesh High Court
Shaikh Lal Mohammad vs The State Of Madhya Pradesh on 7 September, 2021
Author: Anil Verma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CRIMINAL REVISION No. 1831 / 2021
SHAIKH LAL MOHAMMAD Vs. STATE OF MP
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INDORE, Dated : 07/09/2021
Heard through video conferencing.
Mr. Vinod Thakur, learned counsel for the petitioner.
Mr. D. S. Chouhan, learned PL for the respondent - State.
Heard on I.A.No. 21653, an application for suspension of
execution of remaining jail sentence and grant of bail.
The present revision is arising out of the judgment of
conviction dated 20/1/2021 passed by the Judicial Magistrate First
Class, Shajapur in Criminal Case No. 841/2013. The appellant has
been convicted for an offence u/S. 304(A) of the Indian Penal Code,
1860 and sentenced to one year RI with fine Rs.500/- and in default
of payment of fine, to further undergo 1 months RI-. The judgment of
conviction has been affirmed by the first appellate Court vide
judgment dated 4/8/2021 passed by the learned Sessions Judge,
Shajapur in Cr.A.No. 10/2021.
Learned counsel for the appellant has argued before this Court
that the Courts below committed legal and factual error by passing
the impugned judgment on the basis of conjectures and surmises and
making certain presumptions due to which the impugned order
deserves to be set aside. The applicant remained on bail during trial
and pendency of the appeal. There are lot of contradictions and
omissions in the present case and the applicant has been implicated
falsely. It is further argued that final hearing of the present revision is
likely to take a long time. There is no negligence on the part of the
applicant. The Court below did not consider the fact that at the time
of incident there was heavy rains and due to earthing deceased
sustained current and he died. The prosecution could not prove their
case beyond reasonable doubt. Applicant is 59 years old and suffering
from diabetes and other old aged diseases. Under these
circumstances, applicant be released on bail and the execution of
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
CRIMINAL REVISION No. 1831 / 2021
SHAIKH LAL MOHAMMAD Vs. STATE OF MP
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remaining jail sentence be suspended during pendency of the present
revision.
Per contra, learned counsel for the respondent formally opposes
the application and prays for its rejection.
Considering the peculiar facts and circumstances of the case
and also the fact that applicant was on bail during trial and during
pendency of the appeal, final hearing of the present revision is likely
to take a long time, without commenting upon the merits of the case,
this Court is of the considered opinion that the present application
deserves to be allowed and is accordingly hereby allowed.
The execution of substantive jail sentence awarded to applicant
shall remain suspended and he be released on bail subject to his
depositing the amount of fine and on his furnishing personal bond of
Rs.40,000/- (Rs. Forty thousand) with one surety in the like amount
to the satisfaction of the trial Court for his appearance before the
Office / Registry of this Court on 23/11/2021 and on such other dates
as may be fixed in this behalf.
The Revision is admitted for final hearing.
List for hearing in due course.
Certified copy, as per Rules.
(ANIL VERMA)
JUDGE
KR
Digitally signed by KAMAL RATHORE
Date: 2021.09.07 17:26:01 +05'30'
