Madhya Pradesh High Court
Sajid Kureshi vs The State Of Madhya Pradesh on 19 April, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4866 of 2023
(SAJID KURESHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 19-04-2023
Shri Praveen Mittal - Advocate for the appellant.
Shri Mohmad Ibrahim - PL for respondent/State.
Heard on IA No.5271 of 2023, which is an application for exemption
from filing certified copy of the impugned judgment.
Appellant has already filed the certified copy of the judgment signed by
the presiding officer of the trial Court, therefore, there is no need to file certified
copy of the judgment.
Hence, IA No.5271 of 2023 is allowed and appellant is exempted from
filing the certified copy of the impugned judgment.
Also heard on IA No.4869 of 2023, which is an application under
Section 389(1) of Cr.P.C. on behalf of the appellant-Sajid Qureshi for grant of
bail and suspension of remaining jail sentence.
Appellant has been convicted for the offence under Section 451, 506(II)
of IPC and Section 11/12 of POCSO Act and sentenced to 2 years R.I. with
fine of Rs.5,000/- (3 counts), with usual default stipulation.
Learned counsel for the appellant submits that the appellant is innocent
and he has been falsely implicated in the aforesaid offence. Appellant was
remained on bail during trial and he did not misuse the liberty given to him.
There is a strong case in favour of the appellant. Final conclusion of appeal will
take a long sufficient time. Hence he prays for grant of bail and suspension of
Signature Notremaining
Verified jail sentence of the appellant.
Signed by: TRILOK SINGH
SAVNER
Per contra, learned PL for the respondent/State opposes the application
Signing time: 20-Apr-23
11:38:03 AM
for suspension of sentence and prays for its rejection.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellant and also taking note of the fact that appellant was remained
on bail during the trial and he did not misuse the liberty given to him and that
final conclusion of this appeal will take a long sufficient time, I deem it proper
to suspend the remaining jail sentence of the appellant.
Accordingly, IA No.4869 of 2023 is allowed and the execution of
remaining jail sentence of the appellant-Sajid Qureshi is hereby suspended till
the final disposal of this appeal and it is ordered that the appellant be released
on bail on his depositing the fine amount, if not already deposited, and upon
furnishing a personal bond for a sum of Rs.75,000/- with one solvent surety of
the like amount to the satisfaction of the trial Court, with a further direction to
appear before the Registry of this Court on 31.10.2023 and on such other
dates, as may be fixed by the Registry of this Court in this regard during the
pendency of this appeal.
Let the record of the court below be requisitioned and the appeal be
listed immediately after receipt of record.
C.C. as per rules.
(ANIL VERMA)
JUDGE
trilok
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 20-Apr-23
11:38:03 AM
