Mohammad Juned Aalam vs The State Of Madhya Pradesh
2022 Latest Caselaw 13426 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                              CRA No. 6395 of 2022
        (MOHAMMAD JUNED AALAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-10-2022
      Shri Gajendra Singh Jadoun, learned counsel for the applicants.

      Shri P. Tanwar, learned Panel Lawyer for the respondent/State.

Heard o n I.A. No. 15451 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant No.1-Mohmmad Junaid Alam.

This Criminal Appeal assails the judgment dated 19.07.2022 passed by

Fourth Additional Sessions Judge, Morena in ST No. 14/2019, whereby appellant No.1 has been convicted under Sections 328, 380 read with Section 34 of IPC and sentenced to rigorous imprisonment of five years with fine of Rs.10,000/- respectively, with default stipulation.

It is submitted by learned counsel for appellant that the trial Court has wrongly convicted the appellant without appreciating the materials and evidence available on record. It is further argued that the FIR was registered against unknown person and TIP of present appellant No.1/accused was suspicious and the witnesses have admitted that before the test identification parade, the

photos of accused persons were already shown to them by the Police. The alleged poisonous food has not been tested by the lab and only cash amount has been seized from the possession of the appellant No.1. Memorandum and seizure have also not been properly proved. Appellant No.1 was on bail during trial and he did not misuse the liberty so granted. Disposal of appeal shall take considerable time, therefore, he prays for suspension of sentence and grant of bail to the appellant No.1.

Per contra, learned Public Prosecutor for the respondent/State vehemently opposed the prayer and submitted that the prosecution has proved its case beyond doubt. Hence, prayed to reject the application.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments rendered by learned counsel for the rival parties as well as facts and circumstances of the case, without commenting on merits of the case, I.A. No. 15451 of 2022 is hereby allowed subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with two local sureties of

Rs.50,000/- (Rupees Fifty Thousand Only) each in the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant No.1-Mohammad Junaid Alam shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 28.11.2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

vishal* ALOK Digitally signed by ALOK KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=3ef8745c6370f82dacdeead96cacf73eb5b e4686c0c728c8b32e39801a8fdf0e,

KUMAR pseudonym=ACEA8F7B1425231A55560098D49BE EF05867CAA1, serialNumber=5DFDFCE38B14C79E063E3E2EBD14 A920F3EFB24CADA0CD35F047118965BB60C5, cn=ALOK KUMAR Date: 2022.10.13 15:44:54 +05'30'