Jahid @ Javed vs The State Of Madhya Pradesh
2021 Latest Caselaw 5877 MP

-1-                                             CRA No.5345/2021

HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                          CRA NO.5345/2021
Jahid @ Javed s/o Jabbar Shah
Age 20 years, occu- Labour, R/o
Shankarpur Maxi Road, Majid Ke Pass,
Ujjain MP
vs.
State of M.P through PS Chimanganj,
Ujjain MP
22.09.2021: (Indore):
      Shri R.R.Trivedi, learned counsel for the appellant.
      Shri Vikas Jaiswal, learned Panel Lawyer for the State.
      Let trial court record be requisitioned and the appeal be listed
for admission along with the record.
      Also heard on IA No.25021/21, an application for suspension of
sentence.
      Appellant has filed this appeal against the judgment dated
10.8.2021 passed by Special Judge in Sessions Trial No.28/2020
whereby the learned trial Court has convicted the appellant under
section 354 of the IPC and sentenced him to undergo RI for one year
with fine of Rs.1000/- with further default stipulation.
      Learned counsel for the appellant submits that the trial Court
has committed an error in appreciating the evidence and convicting the
appellant. The appellant was on bail during trial and he never misused
the liberty granted by the court. The jail sentence has been suspended
up to 9.10.2021, hence prayed for suspension of sentence.
      On the other hand, learned counsel for the respondent/State

opposed the prayer.

Considering the facts and circumstances of the case and the fact that this appeal is likely to take time for final hearing, the application is allowed and it is directed that the jail sentence passed against the appellant shall remain suspended and he shall be released on bail upon his depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand)

-2- CRA No.5345/2021

with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 27.01.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

C.c as per rules.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2021.09.23 16:21:14 hk/ +05'30'