Madhya Pradesh High Court
Mohd. Kaleem vs The State Of Madhya Pradesh on 17 August, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 11457 of 2022
(MOHD. KALEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 17-08-2023
Shri Shivendra Pandey - Advocate for the appellants.
Ms. Vineeta Sharma - Panel Lawyer for the respondent/State.
Heard o n I.A No.18477/2023 and I.A No.18478/2023 which are first
applications under Section 389(1) of Cr.P.C for suspension of sentence and
grant of bail, moved on behalf of appellant No.1 namely, Mohd Kaleem, as
well as I.A. No.18478/2023 with second application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant
no.3 and 6 namely Anwar alias Anuwar and Munna alias Shajid. Their
earlier bail application was dismissed as withdrawn being I.A. No.731/2023 vide
order dated 24.01.2023.
T he appellants have been convicted under Sections 148, 324 (on four
counts) and 326 of IPC and sentenced to undergo S.I. for 1 year, S.I. for 1
year (on four counts) and R.I. for 5 years with fine of Rs.500/-, respectively
with default stipulation.
Learned counsels for the appellants submit that the appellants are
innocent and have falsely been implicated in the matter. Learned counsels for
the appellants have submitted that the trial Court has not properly appreciated
the oral and documentary evidence available on record and committed error in
convicting the appellants for aforesaid offence. They further submit that during
trial they were on bail and they never misused the liberty of bail; there is no
likelihood of hearing of appeal in near future. The applications of co-appellants
filed under Section 389 of Cr.P.C. have been allowed vide order dated
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 8/18/2023
11:04:13 AM
25.07.2023. Hence, it is prayed that the applications for suspension of sentence
of present appellants may also be considered on the ground of parity.
On the other hand, learned counsel for the State opposes the applications
and prays for its rejection.
Heard learned counsel for the parties, perused the judgment and the
record of the Court below.
T he applications of co-appellants filed under Section 389 of Cr.P.C.
have been allowed vide order dated 25.07.2023 and there is no graver facts
alleged against the present appellants regarding the commission of crime,
therefore, applying the principle of parity the aforesaid applications also
deserve to be allowed.
Considering the arguments advanced by learned counsel for both the
parties and after perusing the record, this Court deems it appropriate to
suspend the jail sentence of the appellant No.1, 3 and 6 namely, Mohd
Kaleem, Anwar alias Anuwar and Munna alias Shajid. Accordingly, I.A
No.18477/2023 and I.A. No.18478/2023 filed on behalf of the aforesaid
appellants are allowed.
It is directed that subject to deposit of fine amount, if not already not
deposited, and on furnishing a personal bond by the appellant in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in
the like amount to the satisfaction of learned trial Court for their regular
appearance before the concerned trial Court, the execution of custodial part of
the remaining sentence imposed against appellant No.1, 3 and 6 namely, Mohd
Kaleem, Anwar alias Anuwar and Munna alias Shajid shall remain
suspended.
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 8/18/2023
11:04:13 AM
The appellants, after being enlarged on bail, shall mark their presence
before the concerned trial Court on 12.10.2023 and on all such subsequent
dates, which are fixed in this regard by the concerned trial Court.
List for final hearing in due course
(ANURADHA SHUKLA)
JUDGE
Vin**
Signature Not Verified
Signed by: VINOD SHARMA
Signing time: 8/18/2023
11:04:13 AM
