Arman vs The State Of Madhya Pradesh
2023 Latest Caselaw 20738 MP

Madhya Pradesh High Court

Arman vs The State Of Madhya Pradesh on 7 December, 2023

Author: Hirdesh

Bench: Hirdesh

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 9438 of 2023
                                                 (ARMAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 07-12-2023
                                 Shri Akshay Jha - Advocate for the appellant.

                                 Shri Shahrukh Riaz - Panel Lawyer for the respondent/ State.

Heard on I.A. No.17662 /2023, an application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

Appellant has been convicted for commission of offence under Sections

394/34 and 323/34 of IPC and has been sentenced to undergo 3 years RI and fine of Rs.10,000/- and 6 months RI and fine of Rs.500/- with default stipulations vide judgment dated 28.09.2022 passed by II ASJ Nasrullaganj District Sehore (M.P.) Learned counsel for the appellant has submitted that co-accused Saddu @ Sadik, Sultan Shah and Ajay Lowani have been granted bail by this Court vide order dated 28.10.2022 in I.A.No. 19858 of 2022 and the case of the present appellant stands on same footing. During trial, appellant was on bail and has not misused the liberty granted to him by way of bail. The appellant has fair

chance to succeed in the appeal. Therefore, if the appellant is not released on bail, the purpose of filing this appeal would become futile as there is no possibility of coming this appeal for hearing in near future. Therefore, it has been prayed that the appellant be released on bail pending the appeal.

The prayer is opposed by learned Panel Lawyer for the respondent/State. Considering the short nature of sentence and contention of learned counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant.

Consequently, I.A. No.17662 / 2023 is allowed. The execution of jail sentence of appellant- Arman is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety each of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court on 22.12.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(HIRDESH) JUDGE

Vikram