Sabir vs The State Of Madhya Pradesh
2022 Latest Caselaw 1998 MP

-1-                                                     CRA NO.1207/22

                 HIGH COURT OF MADHYA PRADESH,
                           BENCH AT INDORE
                             CRA NO.1207/22
                          (1)Sabir s/o Sattar Khan
                  (2)Lakhan s/o Manohar Singh Kushwah
                                       vs.
                                State of M.P
14.02.2022

: (INDORE):

Shri M.I.Anwar, learned counsel for the appellants. Ms.Archana Maheshwari, learned counsel for the State.

Office is directed to requisition the record of the court below and list thereafter for admission along with record.

Heard on IA No.1798/22, an application for suspension of sentence on behalf of the appellants.

Appellants have filed this appeal against the judgment dated 21.1.2022 passed by 2nd ASJ Sonkatch, Dewas in S.T.No.100154/2015 whereby the trial court has convicted and sentenced the appellants as under:

Appellant No.1
Section          Act            Imprisonment Fine in Rs.    Imprisonment in
                                                            lieu of fine
419              IPC            1 year RI      200/-        1 month RI
420              IPC            3 years RI     500/-        3 months RI
467              IPC            5 years RI     1000/-       6 months RI
468              IPC            3 years RI     500/-        3 months RI
471              IPC            5 years RI     1000/-       6 months RI



Appellant No.2
Section          Act            Imprisonment Fine in Rs.      Imprisonment
                                                              in lieu of fine
420/34           IPC            2 years RI     500/-          3 months RI
467              IPC            3 years RI     1000/-          6 months RI
468              IPC            2 years RI     500/-          3 months RI
471              IPC            3 years RI     1000/-         6 months RI
 -2-                                               CRA NO.1207/22

Learned counsel for the appellants submits that the trial court has committed an error in appreciating the evidence and convicting the appellants. The appellants were on bail during trial and they never misused the liberty granted by the court. The hearing of this appeal would likely to take long time, hence prayed for suspension of sentence and release of the appellants on bail.

Learned counsel for the State opposes the application. Considering the facts and circumstances of the case and the fact that the appeal is likely to take time for final hearing, the application is allowed in part. It is directed that the jail sentence passed against the appellant No.2 Lakhan shall remain suspended and he be released on bail upon his depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.25000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 18.07.2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

The application for suspension of sentence on behalf of appellant no.1 Sabir shall be considered after receipt of trial court record.

C.c as per rules.

                                       (VIVEK RUSIA)
                                            JUDGE

          HARI KUMAR C G NAIR
          2022.02.15 15:34:33
hk/       +05'30'