Rafiq vs The State Of Madhya Pradesh
2022 Latest Caselaw 5747 MP

                                               1                                   CRA No.3253/2022



            High Court of Madhya Pradesh, Jabalpur
                        Bench at Indore
            Criminal Appeal No.3253/2022
Indore, Dated 20.04.2022
      Shri Chandra Prakash Purohit, learned counsel for appellant
Rafique s/o Safi Musalman.
      Shri Santosh Thakur, learned Government Advocate / Deputy
Government Advocate for the respondent / State of Madhya

Pradesh, on advance notice.

Heard on IA No.4990/2022, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by learned Special Judge [SC / ST (POA) Act, 1989], West Nimar, Mandleshwar (MP) in Special Sessions Trial No.SCATR/39/2017 vide judgment dated 24th March, 2022, as under: -

              Conviction                           Sentence
    Section         Act     RI       Fine           Imprisonment in lieu of fine
                                    amount
      354           IPC    1 year   Rs.500/-          3 months additional RI

Counsel for the appellant has submitted that the appellant was on bail during the trial and he did not misuse the liberty so granted to him. After conviction, the jail sentence of the appellant has already been suspended by the trial Court itself up to 23.04.2022. It is further submitted that short sentence of one year RI has been imposed on the appellant and there are fair chances of

success in the appeal and there is no possibility of early disposal of this appeal in near future and if the sentence is not suspended, then the present appeal filed by the appellant (s) may turn infructuous. Under these circumstances and looking to the short sentence imposed on the appellant, counsel for the appellant prays for suspension of jail sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh, on the other hand, opposed the application by submitting that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties as also looking to the short sentence of one year RI awarded to him, 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, IA No.4990/2022 is allowed, subject to depositing the fine amount, if any, and it is directed that on 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 / her regular appearance before concerned trial Court, the execution of the custodial part of the sentence imposed against the appellant (s) shall remain suspended, till the final disposal of this appeal.

The appellant (s), after being enlarged on bail, shall mark his

/ her presence before the concerned trial Court on 11.07.2022 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.

Let the record (physical) of the case from the concerned trial Court be requisitioned; and list the matter on the question of admission.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.20 18:19:41 +05'30'