Mohammad Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 2254 MP

                                                     1                                     CRA No.2095/2020



                    High Court of Madhya Pradesh, Jabalpur
                                Bench at Indore
               Criminal Appeal No.2095/2020
Indore, Dated 17.02.2022
        Mr. Vikas Yadav, learned counsel for appellant Mohammad Ali s/o

Rafique Mohammad Mansuri.

        Ms. Seema Maheshwari, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

Heard on IA No.29812/2021, a repeat (third) 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 1 st

Additional Sessions Judge, Manasa District Neemuch (MP) in Sessions

Trial No.SC/22/2014 vide judgment dated 12th February, 2020, as under: -

                 Conviction                              Sentence
    Section           Act       RI       Fine amount        Imprisonment in lieu of fine
      363             IPC     03 years    Rs.500/-                   4 months
      366             IPC     04 years    Rs.700/-                   5 months
   5 (L) r/w 6    POCSO Act   10 years    Rs.800/-                   6 months
      506             IPC      1 year     Rs.200/-                   2 months

Counsel for the appellant submits that the appellant, in the present

case, is suffering from heart disease, (as has been informed by the wife of

the appellant) although no document (s) is available on record.

Thus, the same may be verified, as the wife of the appellant is a

resident of Banswada, Rajasthan.

Counsel for the respondent / State is directed to verify the aforesaid

fact and submit health status report of the appellant from the concerned Jail

at Manasa, District Neemuch (MP).

Let the matter be listed in the week commencing 07.03.2022.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.17 16:15:51 +05'30'