Saiyyed Javed Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 4524 MP

                                       1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                               CRA No. 6618 of 2021
                    (SAIYYED JAVED ALI Vs THE STATE OF MADHYA PRADESH)

Dated : 30-03-2022
      Mr.Maqbool Khan, learned counsel for the appellant.

      Mr.Santosh Yadav, learned Deputy Government Advocate for the
respondent/State.

Heard on the question of admission.

The appeal is admitted for hearing.

Considered I.A.No.197061/2021, which is first application under section

389(1) of Cr.P.C. for grant of suspension of sentence and grant of bail on behalf of appellant-Saiyyed Javed Ali.

By the impugned judgment dated 28.10.2021 passed by VIIth Additional Sessions Judge, Katni in Sessions Trial No.128/2019 the appellant has been convicted for offences under sections 450, 376 & 323 of the Indian Penal Code and sentenced to undergo R.I. for 10 years, 10 years & 1 year and fine of Rs.5,000/-, Rs.1,000/- & Rs.1,000/- with default stipulations.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. The trial Court has erred in

passing the impugned judgment without properly appreciating the oral and documentary evidence available on record inasmuch as there are documents to show relationship between the appellant and prosecutrix. He further submitted that only under the pressure of her husband the prosecutrix lodged the FIR against the appellant. The appellant was on bail during trial also. The final disposal of this appeal would take considerable time. Hence, the remaining jail sentence of the appellant be suspended and he be released on bail.

Learned Deputy Government Advocate has opposed the prayer for suspension of sentence and grant of bail.

Considering the over all facts and circumstances of the case; material available on record; final disposal of the appeal would take considerable time, without commenting on merits of the case, the application is allowed.

It is hereby directed that the jail sentence of appellant-Saiyyed Javed Ali

shall remain suspended during pendency of this appeal and he shall be released on bail, on depositing fine amount, if not already deposited and on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.

The appellant shall appear before the trial Court on 03.08.2022 and on all such subsequent dates, as may be fixed in this regard.

I.A.No.19706/2021 is allowed.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

RM

Signature Not Verified SAN

Digitally signed by RAJESH MAMTANI Date: 2022.03.30 19:13:22 IST