Faizan Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 13045 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 6928 of 2023 (FAIZAN ALI Vs THE STATE OF MADHYA PRADESH)

Dated : 10-08-2023 Mr. S.B. Shrivastava - Advocate for the appellant.

Ms. Kamlesh Tamrakar - Panel Lawyer for the State.

Heard on the question of admission.

Appeal is admitted for final hearing. Record of the court below is received.

Also heard on I.A.No.12311 of 2023, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to sole appellant - Faizan Ali arising out of judgment dated 3.5.2023 delivered in S.T. No.54/2022 passed by First Additional Sessions Judge, Khandwa, District- Khandwa.

T h e appellant has been convicted under Section 307 of IPC and sentenced to undergo R.I. for 5 year with fine of 500/- with default stipulation.

Learned counsel for the appellant submits that trial Court has convicted the appellant on the basis of testimonies of Aadarsh Patel (PW-1) and Akshat

Dixit (PW-5) and remaining eye witnesses turned hostile and not supported the prosecution story. There is no reliable evidence with respect to identify of appellant. The statement of Akshat Dixit (PW-5) has been recorded on 25.2.2022 whereas incident dated 9.12.2021. The appellant is in custody since. Thus, remaining jail sentence of this appellant may be suspended.

The prayer is opposed by learned Government Advocate. Looking to the evidence of Aadarsh Patel (PW-1), Uday Soni (PW-4), Akshat Dixit (PW-5) and Ex.P-1, Ex.P-7, Ex.D-1and FSL report Ex.P-35, I Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/11/2023 2:07:50 PM

deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, I.A No.12311/2023 is allowed. Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court, Khandwa on 10.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 8/11/2023 2:07:50 PM