Shahjad vs The State Of Madhya Pradesh
2023 Latest Caselaw 6201 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 7219 of 2021
                                         (SHAHJAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-04-2023
                                Shri A.K. Mishra - Advocate for the appellants.

                                Ms. Vibha Pathak - Government Advocate for the respondent/State.

Heard on I.A.No.12942/2022, which is repeat (second) application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant No. 1 - Shahja Khan.

Earlier suspension application has been dismissed by this Court vide order dated 19/01/2022.

Appellant No.1- Shahjad has been convicted for offence under Sections307 of the IPC and sentenced to undergo RI for 5 years and to pay fine amount of Rs.500/- and under Section 25(1-B)((B) of the Arms Act and sentenced to undergo RI for one year and to pay fine of Rs.500/- with usual default stipulation vide judgment dated 08/11/2021 passed in S.T. No. 79/2019 by Fifth Additional Sessions Judge, Bhopal.

Learned counsel for the appellants submits that the appellant No.1 is

innocent and has been falsely implicated in the alleged offence. It is also submitted that Dehati Nalishi (Ex. P/4) has been lodged against unknown persons. Eye witnesses Sheru and Sohel (PW 3) have not supported the prosecution case. It is further submitted that Mohd. Haseed (PW 4) admitted in his evidence that he was not aware with the names of the offenders, who assaulted the victim. It is further submitted that in para 5 of victim Raees (PW

2), he deposed that at the time of incident after sustaining injury, he lost conciousness. It is also submitted that as per the medical evidence, injuries of Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 4/19/2023 11:52:31 AM

injured were not found dangerous to life. Despite all this, learned trial Court has failed to consider the material available on record and committed error in convicting the appellant No.1 for the alleged offence. As per Jail report, the appellant has no. 1 has already suffered custodial sentence of more than three years. He further submitted that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant No.1 be allowed.

Learned counsel for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its rejection.

Considering the facts and circumstances of the case, the arguments

advanced by learned counsel for the parties as also on perusal of record, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant No.1-Shahjad deserves to be allowed.

Accordingly, I.A. 12942/2022 is allowed and it is directed that subject to depositing the fine amount and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the appellant no.1-Shahjad shall remain suspended, till the final disposal of this appeal for his appearance before the Registry of this Court on 23/08/2023 and thereafter on all such subsequent dates, as may be fixed by the Registry in this regard.

List the matter for final hearing in due course. Certified copy as per rules

(RAJENDRA KUMAR (VERMA)) JUDGE

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 4/19/2023 11:52:31 AM

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 4/19/2023 11:52:31 AM