Abdul Kadir vs The State Of Madhya Pradesh
2023 Latest Caselaw 6044 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         CRA No. 1552 of 2013
                                                 (ABDUL KADIR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-04-2023
                                 Shri Amar Singh Rathore - Advocate for appellant.

                                 Shri Kamal Kumar Tiwari - Government Advocate for the
                          respondent/State.

Heard on I.A.No.4461/2023, which is seventh application under Section 389 of the Cr.P.C. for suspension of custodial sentence on behalf of appellant

Abdul Kadir.

Appellant stands convicted vide judgment dated 23/07/2013 passed in S.T.No.241/2013 by IX ASJ, Ujjain (M.P.) under Sections 363, 366, 376(1) of the Indian Penal Code, 1860 and Section 4 of Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo 05 years RI with fine of Rs.2,000/-, 05 years RI with fine of Rs.2,000/-, 14 years RI with fine of Rs.5,000/- and 10 years RI with fine of Rs.3,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that out of 14 years of jail

sentenced awarded to the appellant, he has undergone more than 10 years of jail sentence and for rest of the offences, appellant has already undergone the sentence because all the sentences have been directed to be run concurrently. There is no likelihood of early hearing of this appeal finally in near future. At the time of commission of offence, he was 23 years of age with no criminal record. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

On the other hand, learned counsel for the respondent/State opposes the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/13/2023 7:03:58 PM

prayer made by the appellant 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 has already suffered ten years jail incarceration, out of the 14 years jail sentence awarded 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 is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.4461/2023 is allowed and it is directed 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.50,000/- (Rupees Fifty 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 12/09/2023 and on all such subsequent dates, which are fixed in this behalf.

Certified copy today itself.

                                (VIVEK RUSIA)                                              (ANIL VERMA)
                                    JUDGE                                                     JUDGE

                          Tej




Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 4/13/2023
7:03:58 PM