Shekh Javed vs State Of Madhya Pradesh
2023 Latest Caselaw 22247 MP

Madhya Pradesh High Court

Shekh Javed vs State Of Madhya Pradesh on 22 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 7650 of 2023
                                                  (SHEKH JAVED Vs STATE OF MADHYA PRADESH)

                           Dated : 22-12-2023
                                  Shri Sandeep Kumar Mishra - Advocate for appellant.

                                  Shri Ajay Tamrakar - Panel Lawyer for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Heard on I.A.No.14225/2023, which is the first application under Section

389(1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 09/06/2023 passed by VI Additional Sessions Judge, Damoh, District Damoh in S.T.No.65/2020.

Learned counsel for the appellant submitted that the trial Court has wrongly convicted the appellant for the aforesaid offence. There are several omissions and contradictions in the evidence adduced by the prosecution witnesses. During trial appellant remained in custody from 09/01/2020 to

05/06/2020 and is in custody since the date of judgment i.e. 09/06/2023, hence he prayed for suspension of jail sentence and release the appellant on bail as final hearing of this appeal will take time.

On the other hand, learned counsel for the respondent/State opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and the fact that during trial appellant remained in custody from 09/01/2020 to 05/06/2020 and is in custody since the date of

judgment i.e. 09/06/2023 and according to listing policy the hearing of this appeal will take time, application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 15/02/2024 and on such further dates as may be fixed by trial Court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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