Yasin @ Laden vs The State Of Madhya Pradesh
2022 Latest Caselaw 13447 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                      CRA No. 7804 of 2021
                                             (YASIN @ LADEN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 12-10-2022
                               Shri R.R.Bhatnagar, learned counsel for the appellant.

                               Shri     Valmik    Sakargayen,     learned    Govt.     Advocate   for   the
                         respondent/State.

Heard o n I.A.No.13318/2022, which is the first application under Section 389 (1) of the Cr.P.C.for suspension of jail sentence at the instance of appellant-Yasin @ Laden s/o Habib Khan.

The appellant has been convicted by learned Ist Additional Sessions Judge, Jaora, District-Ratlam (M.P.) in S.T.No.202/2014 vide judgment dated 28.10.2021 and sentenced him to undergo 5 yrs and 7 yrs R.I. for the offence under Sections 387 or 387/120-B, 307 or 307/120-B of the IPC and fine of Rs.5000/- and Rs.10,000/- respectively with default clause.

Counsel for the appellant has submitted that the appellant is lodged in jail since 07.8.2021 and the final disposal of the appeal is likely to take sufficiently long time and the co-accused Moin @ Mona has already been granted suspension of jail sentence in Criminal Appeal No.7503/2021 vide order dated

05.0.9.2022.

Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that the present appellant Yasin @ Laden was the main accused person and the allegation against him is of extortion which fact has also been noted by this Court while granting bail to the co-accused Moin @ Mona in Cr.A.No.7503/2021.

On due consideration of the rival submissions and on perusal of the Signature Not Verified Signed by: MONI RAJU Signing time:

10/13/2022 9:48:37 AM

record as also the earlier suspension order dated 5.9.2022 passed in Cr.A.No.7503/2021 in the case of Moin @ Mona, this Court finds force with the contention raised by the learned counsel for the State and thus, no case for suspension of jail sentence of the appellant is made out, at this stage.

Accordingly, I.A.No.13318/2022 being devoid of merits is hereby dismissed.

(SUBODH ABHYANKAR) JUDGE

moni

Signature Not Verified Signed by: MONI RAJU Signing time:

10/13/2022 9:48:37 AM