Feroz @ Bhai Miyan vs The State Of Madhya Pradesh
2022 Latest Caselaw 5913 MP

                                                   1                                   CRA No.6654/2021



          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
            Criminal Appeal No.6654/2021
Indore, Dated 22.04.2022
       Shri Sanjay Kumar Sharma, learned counsel for appellant
Firoz @ Bhai Miyan s/o Ahmed Hussain.
       Shri Bhuvan Deshmukh, learned Government Advocate for
the respondent / State of Madhya Pradesh.

Heard on IA No.29973/2021, 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 1st Additional Sessions Judge Jaora, District Ratlam (MP) in Sessions Trial No.202/2014 vide judgment dated 28th October, 2021, as under: -

             Conviction                                Sentence
       Section       Act     RI        Fine             Imprisonment in lieu of fine
                                      amount
       387 OR        IPC   5 years   Rs.5,000/-                   3 months RI
    387 r/w 120-B
       307 OR        IPC   7 years   Rs.10,000/-                  6 months RI
    307 r/w 120-B

Counsel for the appellant has submitted that the allegation against the appellant is of extortion and there is no legal evidence to connect him with the offence.

It is submitted that the appellant is lodged in jail since 28.10.2021 and the final disposal of the appeal is likely to take

sufficiently long time.

Under these circumstances, 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 prayer and it is submitted that the complainant in this case was threatened on telephone by the present appellant only regarding which there is clear evidence available on record.

Having considered the rival submissions and on perusal of the record as also taking note of the findings regarding the involvement of the present appellant recorded by the learned Judge of the trial Court in para 34 of the impugned judgment appears justifiable.

In such circumstances, no case for suspension of jail sentence of the appellant is made out, at this stage.

Accordingly, IA No.29973/2021 being devoid of merits is hereby dismissed.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.04.23 17:33:57 +05'30'