Smt. Shafina Bee vs The State Of Madhya Pradesh
2022 Latest Caselaw 8894 MP

                                                                          1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                  CRA No. 7815 of 2021
                                                  (SMT. SHAFINA BEE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 04-07-2022
                                           Mr.Siddharth Sharma, learned counsel for the appellants.

                                           Ms.Seema Sahu, learned Panel Lawyer for the respondent/State.

Considered I.A.No.22628/2021, which is first application u/s 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of the appellants no.1, 2 & 3, namely, Smt.Shafina Bee, Sheikh Yaseen @ Vicky and Sheikh Kadim @ Nicky respectively.

By the impugned judgment dated 01.12.2021 passed by the Fifth Additional Sessions Judge, Chhindwara in Sessions Trial No.52/16 the appellants/applicants have been convicted for offences under sections 326/34 & 323/34 (three counts) and sentenced to undergo R.I. for 3 years & 1 year each with fine of Rs.1,000/- & Rs.500/- each respectively.

Learned counsel for the appellants/applicants submitted that applicants are innocent and have been falsely implicated in the crime in question. The trial Court has not properly appreciated the oral and documentary evidence available on record. The appellants were on bail during trial and they have not misused

their liberty. The final disposal of this appeal would take considerable time. Hence, prayer has been to suspend the sentence of the appellants and grant them bail.

Learned Panel Lawyer for the State has the opposed the prayer for suspension of sentence and grant of bail.

Signature Not Verified SAN Considering the over all facts and circumstances of the case; the Digitally signed by RAJESH MAMTANI Date: 2022.07.04 18:28:27 IST appellants were on bail during trial; the maximum sentence awarded by the court

below is 03 years; looking to the nature of offences; final disposal of this appeal would take considerable time; and without commenting on merits, the interlocutory application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellants/applicants No.1, 2 & 3, namely, Smt.Shafina Bee, Sheikh Yaseen @ Vicky and Sheikh Kadim @ Nicky shall remain suspended and they shall be released on bail for securing their presence before the trial Court concerned on

10.11.2022 and on such other dates as may be fixed in this regard.

I.A.No.22628/2021 is allowed.

List the for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.07.04 18:28:27 IST