Amjad vs The State Of Madhya Pradesh
2023 Latest Caselaw 2880 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
           CRIMINAL APPEAL NO.12108 OF 2022
              (Amjad vs The State of Madhya Pradesh)


Indore, Dated 16.02.2023
     Mr. Manoj Saxena, counsel for the appellant.
     Mr. Vishal Sanothiya, counsel for the respondent/State.

Heard on the point of admission.

The appeal is admitted for final hearing. Record has been received.

Also heard on IA No.16368/2022 which is first application under Section 389 (1) of Criminal Procedure Code, 1973, filed on behalf of appellant - Amjad S/o Shri Assu Pathan who has been convicted by learned Additional Sessions Judge, Indore in Session Trial No.261/2017 vide judgment dated 28.11.2022 and has been sentenced him as under:

             Conviction                          Sentence
    Section & Act   Imprisonment        Fine       Imprisonment in
                                       Amount        lieu of fine
      392/34 IPC     04 years RI       2,000/-          N.A.

As per prosecution case, it is alleged that the chain was snatched by the appellant along with other co-accused person namely; Sikander.

Counsel for the appellant submits that the appellant was

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.12108 OF 2022 (Amjad vs The State of Madhya Pradesh)

not identified by the complainant and that there is no recovery from the present appellant. The chain is said to be recovered from the co-accused - Sikander. The appellant was on bail during trial and he did not misused the liberty so granted to him. The final hearing of appeal may take long time. With these submissions, suspension has been sought.

Per contra, counsel for the State opposes the prayer for grant of suspension and bail to the appellant.

After hearing learned counsel for the parties and taking into consideration the fact that there is no recovery of chain from the present appellant and the appellant was on bail during trial and has not misused the liberty so granted to him and the final hearing of appeal may take long time, accordingly the application IA No.16368/2022 is being allowed.

It is directed that substantive jail sentence of appellant - Amjad S/o Shri Assu Pathan shall be suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of like amount to

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.12108 OF 2022 (Amjad vs The State of Madhya Pradesh)

the satisfaction of trial Court for his appearance before the Registry of this Court on 11.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.16368/2022 stands disposed off.

List the appeal for final hearing in due course. Certified copy, as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE

Arun/-

Digitally signed by ARUN NAIR Date: 2023.02.17 10:41:50 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.12108 OF 2022 (Amjad vs The State of Madhya Pradesh)