Anver Ahmad vs The State Of Madhya Pradesh
2022 Latest Caselaw 8270 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                              CRA No. 44 of 2020
              (ANVER AHMAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Dated : 22-06-2022
      Shri Pavan Kumar Vijaywargiya - Advocate for the appellants.
      Shri Ramadhar Choubey - Public Prosecutor for the respondent/State.

I.A. No.5544/2022, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Heard on I.A.No.5545/2022, an application under Section 389(1) of

Cr.P.C. for suspension of jail sentence moved on behalf of appellant No.2

Waseem Ansari

This criminal appeal has been filed against the judgment dated 03/12/2019 passed by Second Additional Sessions Judge, Sheopur (M.P.) in ST

No.400091/2014 by which appellants have been convicted under Section 304-B

of IPC and sentenced to undergo ten years RI with default stipulations.

It is submitted by the learned counsel for appellant No.2- Waseem Ansari

that this is the first application for suspension of sentence on behalf of the appellant. He has wrongly been convicted & sentenced by the trial Court. There

are lots of contradictions and omissions in the evidence of the prosecution

witnesses. Appellant No.2 has already suffered around 3 years & 2 months jail

incarceration against total conviction of ten years. The deceased committed

suicide by hanging. It is further submitted that jail sentence of appellant No.1 & 3

- Anvar Ahmad & Aamna Khatoon has already been suspended vide orders dated

10/08/2020 & 14/01/2022 respectively and the case of appellant No.2 is same as of other co-convicted accused persons. It is also submitted that hearing of this

appeal shall take considerably long time. Therefore, prays to suspend the jail

sentence of appellant No.2.

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Learned State counsel has vehemently opposed the submissions and prayed to reject the application for suspension of sentence moved on behalf of appellant

No.2.

Heard learned counsel for the parties and perused the documents available on record.

Considering the arguments advanced by learned counsel for the parties

along with aforesaid facts and circumstances of the case, without commenting on

merits of the case, I.A. No. 5545/2022 is hereby allowed. Subject to depositing of

fine amount, if not already deposited, and on furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like

amount to the satisfaction of the concerned Court, the remaining jail sentence of

appellant No.2- Waseem Ansari shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of

this Court first on and on subsequent dates given by the Office in this

regard, till final disposal of this appeal.

List the case for final hearing in due course.

Let a copy of this order be sent to the Court below concerned for

information.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.06.22 18:08:03 +05'30'