Insaf Ali vs Banshi Dhar Sharma
2023 Latest Caselaw 6989 MP

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 5677 of 2023 (INSAF ALI AND OTHERS Vs BANSHI DHAR SHARMA AND OTHERS)

Dated : 28-04-2023 Shri Pradeep Kumar Shrivastava- Advocate for the appellants.

Shri Pramod Pachauri- Public Prosecutor for the State. Heard on I.A.No.7341/2023, the first application u/Sec.389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants No.1 to 10- Insaf Ali, Sabir Khan, Sahid Khan, Samim Khan, Azad Shah, Sappu @ Mo. Anwar, Mo. Rafiq @ Shanu, Javed @ Javid,

Raju Qureshi & Raja Khan respectively.

This criminal appeal has been filed against the judgment dated 12/04/2023 passed in Criminal Appeal No.95/22 by 1st Additional Sessions Judge Sheopur (M.P.) whereby the appellants have been convicted under Section 147 of IPC and sentenced to undergo one year R.I. with fine of Rs.500/-, under Section 148 of IPC and sentenced to undergo one year R.I. with fine of Rs.500/-, under Section 323/149 of IPC and sentenced to undergo three months R.I. and under Section 153-A of IPC and sentenced to undergo one year R.I. with fine of Rs.500/- each with default stipulation.

It is submitted by counsel for the appellants that the appellants were on bail during trial and they did not misuse the liberty granted to them. The fine amount has already been deposited by the appellants. It is also submitted that learned Trial Court has already suspended jail sentence of the appellants for a period of one month. Co-accused have already been granted the benefit of suspension of sentence and grant of bail vide order dated 25/4/2023 passed in Criminal Appeal No.5711/2023. Appeal is of the year 2023 which may take long

time for it's conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible and that learned trial Court has already suspended jail sentence of the appellants for a period of one month, I.A. No.7341/2023 is allowed.

It is therefore, directed that if appellants No.1 to 10- Insaf Ali, Sabir Khan, Sahid Khan, Samim Khan, Azad Shah, Sappu @ Mo. Anwar, Mo.

Rafiq @ Shanu, Javed @ Javid, Raju Qureshi & Raja Khan respectively deposit the entire fine amount, if not already deposited, and furnish personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

Application (I.A. No.7341/2023) is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

SINGH rahul postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee 473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D15

PARIHAR 9B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.29 13:55:27 +05'30'