Mohd.Sameer vs The State Of Madhya Pradesh
2022 Latest Caselaw 4281 MP

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                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                    CRA No. 2424 of 2022
                                                           (MOHD.SAMEER Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 28-03-2022
                                            Shri K.N.Bundela, learned counsel for the appellant.

                                            Shri G.P.Singh, learned Government Advocate for the respondent/State.

Record of the trial Court be requisitioned. Heard on admission.

The appeal is admitted for final hearing.

Also Heard on I.A.No.4360/2022, an application under Section 389(1) of

Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

The appellant has been convicted for commission of offence under Section 324 of IPC and has been sentenced to undergo R.I for 2 years and fine of Rs.500/- along with co-accused by the 5th ASJ, Bhopal.

Learned counsel for the appellant has submitted that appellant has been released on bail till today by the trial Court. He has already suffered incarceration for 18 days. Learned counsel further submitted that there is no cogent and reliable evidence against him and he has fair chances in succeeding this appeal. The disposal of appeal will take considerable time. Therefore, it has been prayed that

jail sentence of appellant be suspended and he be released on bail till final disposal of the appeal. He has also pointed out the weakness of the prosecution case.

On the other hand, learned Government Advocate for the respondent/State has opposed for grant of bail to the appellant and has supported the impugned judgment of conviction and sentence as passed by the trial Court.

Having considered the short nature of sentence and the fact that trial Court itself has released appellant on bail till today for presenting this appeal and the fact that there is no possibility of hearing of this appeal in near future, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A.No.4360/2022 is allowed. The execution of jail sentence o f appellant-Mohd. Sameer is hereby suspended subject to depositing the fine Signature Not Verified SAN amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.03.29 14:15:16 IST

thousand only) with one solvent surety of the like amount to the satisfaction of t h e trial court with a further direction to appear before the trial Court on 08.09.2022 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.03.29 14:15:16 IST