Sadab @ Jafar Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 4273 MP

                                       1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                               CRA No. 1014 of 2022
               (SADAB @ JAFAR ALI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 28-03-2022
         Shri Amit Goswami, learned counsel for the appellant.

         Shri Rajesh Shukla, learned Deputy Advocate General for respondent/State.

Shri Padam Singh, learned counsel for respondents No.2 and 3. IA.4446/2022, an application under Section 389(1) Cr.PC.moved on behalf of respondent No.2-Rizwan Ali is dismissed as not pressed.

This Court on 23.02.2022 had ordered for issuance of notices to

respondents No.2 and 3 complying with the provisions of Section 390 Cr.P.C.

Respondent No.3-Afsar Ali was produced by Police in custody on 25.03.2022. This Court had ordered for release of respondent No.3 on furnishing a personal bond in the sum of Rs.50,000/- to the satisfaction of the Registrar of this Court and thereafter to appear before the Registry of this Court on such subsequent dates as may be fixed in this regard during pendency of this appeal. Besides, it was further directed that within seven days from the date of the order, respondent No.3 shall furnish surety bond in the like amount before the CJM, Datia.

Today, respondent No.2-Rizwan Ali has surrendered before this Court by filing two applications through his advocate Shri Padam Singh viz. one IA.5061/2022 an application for surrender and the other IA.5062/2022 an application under Section 390 Cr.P.C. for suspension of sentence and grant of bail to respondent No.2 Rizwan Ali in the context of order dated 25.03.2022.

Respondent No.2-Rizwan Ali is present before this Court in person and identified by his counsel Shri Padam Singh. Respondents No.2 and 3 have been acquitted vide judgment dated 31.12.2021 passed by Sessions Judge, Datia (M.P.) in ST No.200029/2016. Hence, IA.5061/2022 is allowed and closed.

Maintaining parity, IA.5062/2022 an application under Section 390 Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of respondent No.2-Rizwan Ali is allowed. On respondent no.2 furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand) to the satisfaction of the Registrar

of this Court, he shall be released for his appearance before the Registry of this Court on 26/04/2022 and thereafter on such subsequent dates as may be fixed in this regard during pendency of this appeal.

It is further directed that within seven days from today, respondent no.2

shall furnish a surety bond in the like amount before CJM Datia and on his failure to do so, the CJM shall intimate the Registry of this Court forthwith.

Record of the court below has already been received. Heard on the question of admission.

Considering the submissions advanced, appeal is admitted for final hearing. List in the week commencing 04/04/2022.

                                         (ROHIT ARYA)                                      (MILIND RAMESH PHADKE)
                                            JUDGE                                                   JUDGE

                           pd

PAWAN
        Digitally signed by PAWAN DHARKAR
        DN: c=IN, o=HIGH COURT OF MADHYA
        PRADESH BENCH GWALIOR, ou=HIGH
        COURT OF MADHYA PRADESH BENCH
        GWALIOR, postalCode=474001,



DHARK
        st=Madhya Pradesh,

2.5.4.20=5da1b3ce5c6aee672b1f51a5cff 5661c113046ab7ebb8031c36dcac4472c 040a, pseudonym=22FE9CB9F7CF0345E7FFA

AR C9031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D 6E42E82477C85878470B30E4A7672CCA 523E83C0BCB9, cn=PAWAN DHARKAR Date: 2022.03.28 13:48:28 +05'30'