Ejaj Ahmed vs The State Of Madhya Pradesh
2022 Latest Caselaw 13755 MP

                                                                         1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 8924 of 2022
                                                       (EJAJ AHMED Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 18-10-2022
                                         Shri Parvez Ahmad Quazi, learned counsel for the appellant.

                                         Shri Manoj Jha, P.L. for the respondent/State.

Heard.

Appeal is admitted for final hearing.

IA No. 18888/2022 for suspension of sentence and grant of bail is taken up.

T h e appellant has been convicted under Section 420 of IPC and sentenced to undergo RI for three years and fine of Rs.1000/- and under Section 471 of IPC, sentenced to undergo RI for five years and fine of Rs.2000/- with default stipulation.

Learned counsel for the appellant submits that the offence is registered on the basis of forged and febricated bills of medical reimbursement. No property/ amount has been paid to the appellant on the basis of aforesaid bills. Appellant has been acquitted under Section 467 and 468 of IPC but he has been convicted under Section 420 and 471 of IPC. Appeallant has not committed

any offence. He has falsely been implicated in this case. During trial appellant was on bail and after pronouncement of judgment, he is in custody. Final hearing of this appeal is not possible in near future, therefore, remaining jail sentence of the appellant may be suspended.

The prayer is opposed by learned Panel Lawyer for respondent -State. Signature Not Verified SAN Considering the short term sentence, facts and circumstances of the case Digitally signed by ARVIND KUMAR MISHRA Date: 2022.10.18 17:01:45 IST and the fact that final hearing of this appeal is not possible in near future,

without expressing any opinion on merits of the case, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly aforesaid IA is allowed.

Subject to depositing the fine amount, (if not already deposited), the remaining jail sentence of the appellant is hereby suspended.

It is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, concerned on 28th November 2022 and also on such other dates, as may be fixed by the trial

court.

List the for final hearing in due course. C.C. today.

(PRAKASH CHANDRA GUPTA) JUDGE

MISHRA

Signature Not Verified SAN

Digitally signed by ARVIND KUMAR MISHRA Date: 2022.10.18 17:01:45 IST