Mohammad vs The State Of Madhya Pradesh
2022 Latest Caselaw 6885 MP

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                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                         CRA No. 1715 of 2022
                                                           (MOHAMMAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                            Dated : 07-05-2022
                                                   Shri Sanjay Kumar Sharma, learned counsel for the applicant.

                                                   Shri Sudhanshu Vyas. appearing on behalf of Advocate General/State.
                                                   Heard on the question of admission.
                                                   The appeal is admitted for final hearing.
                                                   Also heard on I.A.No.4715/2022, first application for suspension of
                                            sentence and grant of bail under Section 389(1) of the Cr.P.C. filed on behalf of

                                            the appellant nos.1 Mohammad and Appellant No.2 Yahaya Khan.
                                                   Counsel for the appellants prays for withdrawal of the application on
                                            behalf of appellant no.1/Mohammad.
                                                   Prayer is allowed.
                                                   The application is dismissed qua appellant no.1/Mohammad.
                                                   The appellant has been convicted for offence under Sections 307/34 of
                                            IPC and sentenced to undergo 07 years R.I. with fine of Rs.1,000/- with
                                            default stipulations.
                                                   Learned counsel f o r t h e appellant submits that the the appellant has

                                            falsely been implicated in the present case and he has been convicted by the
                                            learned trial Court without considering the evidence available on record. It is
                                            further submitted that appellant no.2/ Yahaya Khan was not named in the FIR,
                                            no TIP has been conducted and no injury has been caused by appellant no.2. It
                                            is also submitted that eye-witness PW-6 Fakruddin who is grand father of
Signature Not VerifiedDigitally signed by
  SAN                 AMIT KUMAR
                      Date: 2022.05.10
                                            injured Sohail has also not supported the case of the prosecution and has
                      16:54:41 IST


                                            turned hostile. There is no possibility of early hearing of this appeal, therefore, it
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                                             is prayed that the appellant may be released on bail.
                                                     Learned counsel for the respondent/State on the other hand, has opposed

t h e suspension application by submitting that appellant there are serious allegations against the appellant and supported the judgment. Hence, he is not entitled for suspension of jail sentence.

Keeping in view the facts and circumstanced of the case, in the considered opinion of this Court, I.A.No.4715/2022 9 is allowed.

It is directed that subject to depositing the fine amount and on furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lacs only) with a solvent surety in the like amount to the satisfaction of the trial Court, the

execution of jail sentence imposed against the appellant Yahaya Khan shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 29.08.2022 and on all such subsequent dates, as may be fixed by the Registry in this regard.

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

(RAJENDRA KUMAR (VERMA)) JUDGE

amit

Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.05.10 16:54:41 IST