Madhya Pradesh High Court
Saeed @ Sahid vs The State Of Madhya Pradesh on 26 May, 2022
Author: Anil Verma
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1931 of 2022
(SAEED @ SAHID Vs THE STATE OF MADHYA PRADESH)
Dated : 26-05-2022
Mr. Imran Khan, learned counsel for the applicant.
Mr. Rajendra Suryavanshi, learned G.A. for the State.
Shri Naseer Patel, learned counsel for objector.
Heard.
Admit.
Let record of the courts below be requisitioned.
Heard on I.A.No.7371/2022 which is an application filed under Section
397(2) of Cr.P.C for suspension of jail sentence on behalf of the applicant-
Saeed @ Sahid.
The applicant has been convicted under sections 304-A and 279 of IPC
and has been sentenced to undergo 1 year RI and fine of Rs.500/- with default
stipulation vide judgment dated 17.05.2022 passed in Criminal Appeal
No.43/2021 passed by I Additional Session Judge, West Nimar Mandleshwar
thereby affirming the order dated 9.04.2021 passed in criminal case
No.100043/2014 by JMFC, Maheshwar, district Khargone.
Learned counsel for applicant submits that the courts below have erred in
not properly appreciating the evidence on record and convicting the applicant.
Applicant was on bail during the trial and he has not misused the liberty granted
to him. Final hearing of the revision is likely to take sufficient long time. Hence,
Signature Not VerifiedDigitally signed by
SAN MUKTA
counsel prays that the applicant be released on bail and the execution of
CHANDRASHEKHA
R KOUSHAL
Date: 2022.05.27
10:29:22 IST
remaining jail sentence be suspended till the final disposal of this revision.
Learned G.A. for State opposed the prayer for suspension of sentence.
Learned counsel for complainant submits that matter has been
compromised between the parties and complainant has no objection if the jail
sentence of the applicant is suspended.
Taking into consideration the fact that applicant was on bail during trial
and he has not misused the liberty coupled with the fact that there is no
likelihood of final hearing of the present revision in near future, this Court is of
the considered opinion that it is a fit case for suspension of remaining jail
sentence of applicant.
It is directed that execution of the renaming jail sentence of applicant is
hereby suspended subject to depositing the fine amount if not already deposited
and it is ordered that the applicant be released on bail on furnishing personal
bond for a sum of Rs. 60,000/- (Rupees Sixty Thousand Only) with separate
solvent surety of the like amount to the satisfaction of the trial Court with a
further direction to appear before the Registry of this Court on 12.10.2022 and
all other subsequent dates, as may be fixed in this behalf by the Registry during
pendency of this revision.
With the aforesaid, IA 7371/2022 stands disposed of.
Certified copy as per rules.
(ANIL VERMA)
V. JUDGE
MK
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN MUKTA
CHANDRASHEKHA
R KOUSHAL
Date: 2022.05.27
10:29:22 IST
