Madhya Pradesh High Court
Shahjad @ Shakil vs The State Of Madhya Pradesh on 18 January, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12527 of 2022
(SHAHJAD @ SHAKIL Vs THE STATE OF MADHYA PRADESH)
Dated : 18-01-2023
Shri Akhilesh Kumar Saxena - Advocate for appellant.
Shri Sudhanshu Vyas - Panel Lawyer for the respondent/State.
IA.No.16827/2022, which is an application for early hearing during
vacation, stands disposed off.
Heard on the question of admission.
The appeal is admitted for final hearing.
Als o heard on I.A. No.16823/2022, which is first application under
Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail
sentence on behalf of the appellant No.1 Shahjad @ Shakeel.
Appellant has been convicted vide judgment dated 13/12/2022 passed in
S. T. No.2400335/2010 by III Additional Sessions Judge, Ratlam (M.P.) and
has been sentenced to under go jail sentence under Sections 148, 332/149 (in 2
counts), 353/149 (in 2 counts), 427/149, 435/149 of IPC and Section 3/149 of
Prevention of Damage to Public Property Act, 1984 for 03 years RI, 03 years
RI, 02 years RI, 02 years RI, 05 years RI and 05 years RI with fine of
Rs .1,000/-, R s . 500/-, Rs.500/-, Rs.1,000/-, Rs.1,000/- and Rs.1,000/-
respectively with default stipulation.
Learned counsel for the appellant submit that appellant is an innocent
person and he has been falsely implicated in this matter. Appellant is in custody
since the date of judgment. The trial Court has erred in convicting the appellant
without appreciating the evidence available on record in its true perspective.
During the trial appellant was on bail and he has not misused the liberty granted
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/19/2023
11:52:58 AM
to him. There are so many material contradictions and omissions in the
statement of witnesses. Appellant is facing trail for last thirteen years. Looking
to old pendency of the cases for consideration, final conclusion of this appeal
would take sufficient long time. There is a strong case in favour of the appellant.
Appellant is the permanent resident of District Ratlam. Hence, the execution of
the remaining part of the jail sentence of the appellant be suspended till the final
disposal of this appeal.
P e r contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection by submitting
that it is a heinous matter of communal violence. Some of the appellants in the
incident have been identified by the witnesses. There is a strong case in favour
of the prosecution. Hence, appellant is not entitled for grant of suspension of
sentence.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that
appellant was on bail during the trial and there is no complaint that he has
misused the liberty given to him; appellant has no past criminal record and final
conclusion of the appeal will also take sufficient long time. In view of the
aforesaid facts and circumstances of the case, I find it is to be a fit case to
suspend the remaining custodial sentence of the appellant.
Accordingly, I.A. No.16823/2022 is allowed and it is directed subject to
deposit of fine amount, if not already deposited, and subject to furnishing
personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy
Five Thousand Only) with separate solvent sureties in the like amount to the
satisfaction of learned trial, the execution of remaining custodial part of the
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/19/2023
11:52:58 AM
sentence of the appellant shall remain suspended, till final disposal of this
appeal.
The appellant after being enlarged on bail shall mark his presence before
the Registry of this Court on 08/05/2023 and on all such subsequent dates,
which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 1/19/2023
11:52:58 AM
