Ibrahim vs The State Of Madhya Pradesh
2022 Latest Caselaw 6125 MP

                                   - : 1 :-


       IN THE HIGH COURT OF MADHYA PRADESH
                     AT INDORE
                  CRR No.1175 of 2022
   (IBRAHIM & OTHERS V/s THE STATE OF MADHYA PRADESH)

Dated : 25-04-2022
     Shri Ajay Jain, learned counsel for the applicants.
      Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on the question of admission.

Criminal revision filed under section 397 read with section 401 of the Code of Criminal Procedure, 1973 is admitted for final hearing.

Also, heard on I.A. No.4694/2022, application under Section 397 (2) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the applicants.

The applicants have been convicted under Section 324/34, and 323/34 of I.P.C (Two times) and sentenced to undergo one years' R.I. & 6 months' R.I. with fine of Rs.1,000/- & Rs.500/- by JMFC, Kasrawad, West Nimad, vide judgment dated 16.12.2016 passed in criminal case no.551/2011 respectively with default stipulation.

Against which, they have preferred an appeal before the First Additional Sessions Judge, West Nimad, District Mandaleshwar in which the learned Sessions Judge has partly allowed the appeal convicting the applicants as follows:-

               Conviction                               Sentence
Section & Act       Imprisonment       Fine deposited       Imprisonment   in
                                                            lieu of fine
323, 323/34 of the 6 months            Yes                  1 month.
IPC
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Learned counsel for the applicants submit that the appellate court has committed an error in appreciating the evidence and convicting the applicants. The applicants were on bail during trial as well as appeal. They did not misuse the liberty granted by the court during trial as well as appeal. The hearing of this revision would likely to take long time, hence prayed for suspension of sentence and release of the applicants on bail.

Learned Govt. Advocate for the respondent/State opposes the

application.

Considering the fact that the sentence of 6 months rigorous imprisonment is imposed on the applicants, I am inclined to allow the application for suspension of jail sentence and release him on bail.

Accordingly, without expressing any opinion on merits, I.A. No.4694/2022 first application for suspension of jail sentence filed on behalf of applicants is allowed and it is directed that the execution of jail sentence awarded to the applicants- Ibrahim, Fariyad, Iqbal, Waseem and Waheed shall remain suspended, subject to the depositing the fine amount, if any, and upon furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand) each with separate sureties in the like amount to the satisfaction of the trial Court for their appearance before trial Court on 22.07.2022 and on such other dates as may be fixed by the concerned Court in this regard.

Certified copy as per rules.

(VIVEK RUSIA ) JUDGE Ajit/-

AJIT Digitally signed by AJIT KAMALASANAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh,

KAMALASANA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cba241effa d892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1EE901C0 9EF29,

N serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E0 817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.04.25 18:44:21 +05'30'