Mohammad Pathan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7588 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                          CRR No. 1974 of 2022
   (MOHAMMAD PATHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)



Dated : 06-06-2022
      Shri Somesh Gobhuj, learned counsel for the petitioner.
      Shri Hemant Sharma, learned counsel for the respondent/State.

Heard on I.A. No.7734/2022, which is an application for grant of suspension of sentence filed on behalf of the petitioner.

The petitioner has been convicted under Sections 408 and Section 109 of IPC and sentenced to undergo 2 years RI with fine of Rs.500/- with default clause by the judgment dated 25.05.2022 passed by the Court of Additional Judge to the Court of Additional Session Judge, Bhikangaon, District-Mandleshwar in Criminal Appeal No.34/2017 affirming the order dated 27.04.2017 passed by the Judicial Magistrate First Class, Bhikangaon, District-Mandleshwar in Criminal Case No.850/2006.

Learned counsel for the petitioner submits that there was a departmental enquiry against the petitioner with regard to allegation alleged against him in this case. He was exonerated from the charges and there is no evidence against him even then learned trial court as well as the first appellate court have convicted the petitioner. He is suffering from paralysis, he is in custody since 25.05.2022 and t here is no likelihood of hearing of this revision in near future. In view of aforesaid, learned counsel for the petitioner prays for suspension of remaining jail sentence and grant of the bail to the petitioner.

Learned counsel appearing for the respondent/State has opposed

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the prayer.

Having considered the rival submissions and also considering the overall material produced on record, there is no likelihood of hearing of appeal in near future, but without expressing any opinion on merits of the case, the application I.A. No.7734/2022 is allowed and jail sentence of the appellant shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, he shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court firstly on 22.08.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this revision.

List for admission along with the record. C.C. as per rules.

(Satyendra Kumar Singh) Vacation Judge

N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2022.06.06 19:15:27 +05'30'