Firoj vs The State Of Madhya Pradesh
2023 Latest Caselaw 5558 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                             CRA No. 4803 of 2023
                        (FIROJ Vs THE STATE OF MADHYA PRADESH)

Dated : 05-04-2023
      Shri Nilesh Dave, learned counsel for the appellant.

      Shri    Rahul     Solanki,    learned    Government        Advocate   for   the
respondent/State.

Heard on I.A.No. 4801/2023, which is an application for urgent hearing. The matter is taken up for hearing, therefore, I.A.No. 4801/2023 has

rendered infructuous.

Also heard on I.A.No.4814/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Firoj. Appellant stands convicted vide judgment dated 01.03.20323 passed in S.C.No.58/2021 by Session Judge, Mandsaur under Sections 354 and 452 of of Indian Penal Code and has been sentenced to undergo 02 years RI with fine of Rs.1,000/- and 06 months RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an

innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. His jail sentence has also been suspended by the Trial Court till 18.04.2023. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the

application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.4814/2023 is allowed and it is directed that subject to deposit of fine any amount, if not already deposited, and subject to

furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 10.10.2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned Certified copy as per rules.

(ANIL VERMA) JUDGE

vidya

SREEVIDYA 2023.04.06 11:43:40 +05'30'