Arshad @ Kaju vs The State Of Madhya Pradesh
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Madhya Pradesh High Court

Arshad @ Kaju vs The State Of Madhya Pradesh on 4 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 1935 of 2019 (ARSHAD @ KAJU Vs THE STATE OF MADHYA PRADESH)

Dated : 04-12-2023 Shri Ahadulla Usmani - Advocate for the applicant.

Shri Rajiv Pandey - Panel Lawyer for the State.

I.A.No.17142/2022 application for change of counsel filed on behalf of the applicant.

For the reasons mentioned therein, I.A.No.17142/2022 is allowed.

Newly engaged counsel and his associates are permitted to represent the applicant.

I.A.No.17142/2022 stands disposed of.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.17086/2022, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of applicant.

Applicant has been convicted under Section 341 and 506-II IPC and

sentenced as mentioned in the impugned judgment dated 05.05.2016 passed in ST No.1700297/2014 by II ASJ, Chhindwara.

It is submitted by the counsel for the applicant that sentence of the applicant was suspended by this Court vide order dated 23.04.2019 and applicant was marking his presence regularly before the trial Court, however, he could not appear before the trial Court on 05.04.2022 and his local counsel could not file application for exemption from filing personal appearance. As a result whereof, warrant of arrest has been issued against the applicant. He is

apprehending his arrest in the case. He assures that in future applicant will regularly attend the dates of appearance. Under such circumstances, a prayer is made to suspend the execution of warrant of arrest.

Learned counsel for the State has opposed the application. Considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties, I.A.No.17086/2022 is allowed.

It is directed that the applicant shall surrender before the trial Court and subject to depositing Rs.1,000/- from his previous personal bond and upon his furnishing fresh personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of

the trial Court, the applicant shall be released on bail and the execution of remaining jail sentence passed against the applicant shall remain suspended during the pendency of this revision. Applicant is directed to appear before the trial Court regularly on the dates fixed by the trial Court in this regard.

It is made clear that in case of non-appearance of the applicant, the trial Court would be at liberty to take necessary steps against the applicant for securing his presence for serving out remaining jail sentence.

List for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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