Siraj Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 6960 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                              CRA No. 8327 of 2019
                 (SIRAJ CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

Dated : 28-04-2023
      Shri Ajay Kumar Mimrot, learned counsel for the appellant.

      Shri Mukesh Parwal, learned Government Advocate for the respondent.

Heard on I.A.No.4270/2023, which is an application filed under Section 389 of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on behalf of appellant Siraj Choudhary.

T h e appellant has been convicted for the offence punishable under Section 302 & 120-B, 467, 468, 471 of IPC and sentenced to undergo Life Imprisonment, 3 years R.I., 3 years R.I. and 1 Year R.I. with fine of Rs. 1000/-, Rs. 500/-, Rs. 500/- and Rs. 500/-.

Learned counsel for the appellant submits that one of co-accused who said to have been main accused has granted benefit of suspension by the Apex Court in Special Leave to Appeal (Crl.) No.11219/2022 vide order dated 25.04.2023 observing that the appellant has under nearly ten years of incarceration and the appeal filed in the year 2019 will take some more time to

the considered by the High Court. The case of appellant is better footing to the case of co-accused. The order dated 25.04.2023 is reproduced:-

''Heard learned counsel for the petitioner as also learned counsel for the respondent and perused the petition papers including the Counter Statement filed on behalf of the respondent.

Though learned counsel for the respondent has referred to the judgment passed by the trial court to indicate the role of the

petitioner, keeping in view the fact that the petitioner has undergone nearly ten years of incarceration and the appeal filed in the year 2019 will take some more time to be considered by the High Court wherein correctness of such finding will be adverted, we deem it appropriate to suspend the sentence imposed on the petitioner and order release of the petitioner on bail subject to appropriate conditions being imposed by the trial court. For the said purpose, the petitioner shall be produced before the trial court forthwith.

In view of above, the special leave petition is disposed of.''

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, period of custody of the appellant and there is no likelihood of early hearing of this appeal in near future, the application (I.A.No.4270/2023) is allowed.

It is directed that the jail sentence of the appellant shall remain suspended and he be released on bail upon his depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 10.07.2023 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

Certified copy as per rules.

        (VIVEK RUSIA)                                                     (ANIL VERMA)
            JUDGE                                                            JUDGE

   Praveen

Digitally signed by PRAVEEN
Date: 2023.04.29 16:08:15
+05'30'