Rehan @ Sadam vs The State Of Madhya Pradesh
2023 Latest Caselaw 2812 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 490 of 2022
                                        (REHAN @ SADAM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-02-2023
                                 Shri Anopam Chouhan, learned counsel for the appellant.

                                 Shri Amit Singh Sisodiya, learned Government Advocate for the
                           respondent/State.

Heard on I.A. No.1695/2023, which an application under Section 389(1) of Cr.P.C. filed on behalf of appellant No.1-Rehan/Saddam.

The trial Court has convicted the appellant under Section(s) 394 and 342 of IPC and sentenced him to undergo 2 Years R.I. and 3 Months R.I. with fine of Rs.2000/- and Rs. 500/- with default stipulation vide judgment of conviction and order of sentence dated 10.12.2021 passed by First Additional Sessions Judge, West Nimar, Mandleshwar in S.T. No. 392/2013.

Learned counsel for the appellant submits that there are material contradictions and omissions in the statement of the complainant, which is not considered by the learned trial Court, therefore, the conviction is bad in law. There is no likelihood of hearing of appeal in near future. The sentence of the

co-accused person have already been suspended by the this Court.

In view of aforesaid, learned counsel for the appellants pray for suspension of remaining jail sentence and grant of the bail to the appellants.

Learned counsel appearing for the respondent/State opposes the prayer for suspension of remaining jail sentence and grant of the bail to the appellants.

Having considered the fact that appellant was on bail during trial and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case for suspension of the sentence and grant of Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 16-02-2023 18:11:19

bail to the appellant. Hence, without expressing any opinion on merits of the matter I.A. No.1695/2023 is allowed and jail sentence of the appellant No. Rehan/Saddam shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) along with a solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 11.04.2022, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE

Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 16-02-2023 18:11:19