Akbar Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 16468 MP

                             1
       IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
               Criminal Appeal No.11123 of 2022
                    (Akbar Ali Vs. The State of Madhya Pradesh)


Dated : 12-12-2022

      Shri B.S.Chauhan, learned counsel for appellant.

      Shri PPS Bazeeta, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.18810 of 2022, first application under

Section 389 of Cr.P.C. for suspension of sentence and grant of bail

filed on behalf of appellant.

This criminal appeal under Section 374 (2) of Cr.P.C. is

preferred by appellant against the judgment, conviction and order

of sentence dated 27.09.2022 passed by the Special Judge

(MPDVPK Act), Karera, District Shivpuri (Madhya Pradesh) in

S.C.No.10/2021, whereby appellant has been convicted as under :-

 Section      Act          Imprisonment                           Fine
393 and  IPC                 3 years' RI             Rs.2000/- with default
 11/13 MPDVPK                                             stipulation
         Act

It is the submission of learned counsel for appellant that

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.11123 of 2022 (Akbar Ali Vs. The State of Madhya Pradesh)

hearing of the appeal will take time. Appellant has good case on

merits. Learned counsel fairly submits that if appellant is released

on bail then appellant shall abide by all conditions imposed by this

Court. Thus, prayed for suspension of sentence and grant of bail.

Learned Public Prosecutor for the respondent/State opposed

the application and prayed for its dismissal.

Looking to the submissions made by learned counsel for the

parties, application I.A.No.18810/2022 is hereby allowed.

If appellant Akbar Ali furnishes bail bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand Only) along with two

solvent sureties of the like amount to the satisfaction of the trial

Court that he shall appear before the Principal Registrar of this

Court on 31-01-2023 and on all other subsequent dates as may be

fixed by the Office for appearance, then he shall be released on bail

and execution of jail sentence is suspended till disposal of this

appeal.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR Criminal Appeal No.11123 of 2022 (Akbar Ali Vs. The State of Madhya Pradesh)

I.A.No.18810 of 2022 stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

                                                                   (ANAND PATHAK)
AK/-                                                                   JUDGE
       ANAND KUMAR
       2022.12.13
       09:44:53 +05'30'