Mohammad Haroon vs The State Of Madhya Pradesh
2023 Latest Caselaw 5847 MP

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                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                               CRA No. 6741 of 2022
                                                   (MOHAMMAD HAROON Vs THE STATE OF MADHYA PRADESH)

                                   Dated : 11-04-2023
                                         Shri Manish Tiwari - Advocate for the appellant.

                                         Ku. K.C.V. Rao - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.21576/2022, which is second application filed on

behalf of the appellant for suspension of sentence and grant of bail. His first application was dismissed as withdrawn vide order dated 15.09.2022.

The appellant has been convicted by the trial Court under Sections 420 & 468 of IPC and sentenced to R.I. for 05 years with fine of Rs.1000/- and R.I. for 05 years with fine of Rs.1000/- respectively, with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for the aforesaid offences. Appellant is in jail from the date of the judgment and disposal of this appeal

would take considerable time, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the prayer for bail. Heard learned counsel for the parties.

Looking to the facts and circumstances of the case, custody period of the appellant and taking into account that disposal of this appeal would take Signature Not Verified SAN

considerable time, I deem it to be a fit case to suspend the custodial sentence of Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.12 10:20:19 IST the appellant and to release him on bail, therefore, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court on 05.09.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant shall regularly appear before the trial Court, on each and every date, without fail.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

rj

Signature Not Verified SAN

Digitally signed by RAJESH KUMAR JYOTISHI Date: 2023.04.12 10:20:19 IST