Arshad @ Warsi vs The State Of Madhya Pradesh
2023 Latest Caselaw 13353 MP

                                                              1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                       CRA No. 7245 of 2023
                                             (ARSHAD @ WARSI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-08-2023
                                 Shri Deepak Sahu - Advocate for the appellant.

                                 Ms. Vineeta Sharma - Panel Lawyer for the respondent/State.

Heard on I.A.No.13501/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of appellant Arshad alias Warsi.

Appellant has been convicted for the offences punishable under Section 399 of IPC and sentenced to undergo RI for 3 years and fine o f Rs.1,000/-, Section 402 of IPC and sentenced to undergo RI for 3 years and fine of Rs.1,000/- and Section 25(1B)(A) read with Section 3 of Arms Act and sentenced to undergo RI for 1 year and fine o f Rs.1,000/-, with default stipulations.

Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record

and committed error in convicting appellant for the aforesaid offence. The appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State has opposed the application and prays for its rejection.

Heard counsel for the parties and perused the judgment and record of the Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/21/2023 3:06:25 PM

court below.

Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, this Court finds it to be a fit case to suspend the jail sentence of appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain

suspended and he shall be released on bail for securing his presence before the trial Court concerned on 11.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of

(ANURADHA SHUKLA) JUDGE

Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 8/21/2023 3:06:25 PM