Irsad @ Arsad vs The State Of Madhya Pradesh
2022 Latest Caselaw 12403 MP

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                       CRA No. 8099 of 2022
                                              (IRSAD @ ARSAD Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-09-2022
                                 Shri Sunil Soni, learned counsel for the appellant.

                                 Shri Nitin Goyal, learned Panel Lawyer for the respondent-State.

Shri Sudhir Singh Tomar, learned counsel for the complainant. Heard on I.A. No. 14454 of 2022, which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellant.

This Criminal Appeal assails the judgment dated 03.09.2022 passed in S.T.No.283/2016 by Seventh Additional Sessions Judge, Gwalior (M.P.) whereby, appellant stands convicted under Section 326 of IPC and sentenced him to undergo 3 years RI with a fine of Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without proper appreciation of facts of the case. It is further submitted that the parties have amicably settled their dispute and also filed an application for the same, which is evident from para - 4 of the impugned judgment. The appellant was on bail during trial and has not misused the liberty

so granted to him. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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

Considering the arguments advanced by learned counsel for the parties, Signature Not Verified Signed by: BARKHA SHARMA Signing time: 16-Sep-22 5:13:03 PM

without commenting on merits of the case, I.A.No. 14454 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant 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 22.11.2022 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

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

bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 16-Sep-22 5:13:03 PM