Ahsan vs The State Of Madhya Pradesh
2023 Latest Caselaw 1119 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 903 of 2023
                                           (AHSAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 18-01-2023
                                 Shri Tarun Kushwah - Advocate for appellant.

                                 Shri Sudhanshu Vyas - Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.671/2023, which is first application under Section

389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellants No.1 Ahsan and appellant No.2 Amjad.

Appellants have been convicted vide judgment dated 13/12/2022 passed in S. T. No.2400335/2010 by III Additional Sessions Judge, Ratlam (M.P.) and have sentenced to under go jail sentence under Sections 148, 332/149 (each in 2 counts), 353/149 (each in 2 counts), 427/149, 435/149 of IPC, Section 25(1)(1) (B) of the Arms Act 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, 01 year RI and 05 years RI with fine of Rs.1,000/-, Rs.500/-, Rs.500/-

, Rs.1,000/-, Rs.1,000/-, Rs.1,000/- and Rs.1,000/- respectively with default stipulation.

Learned counsel for the appellants submit that appellants are innocent persons and they have been falsely implicated in this matter. Appellants are in custody since the date of judgment. The trial Court has erred in convicting the appellants without appreciating the evidence available on record in its true perspective. During the trial appellants were on bail and they have not misused the liberty granted to them. There are so many material contradictions and Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/19/2023 11:52:58 AM

omissions in the statement of witnesses. Appellants are 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 appellants. Appellants are the permanent resident of District Ratlam. Hence, the execution of the remaining part of the jail sentence of the appellants 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, appellants are 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 appellants were on bail during the trial and there is no complaint that they have misused the liberty given to them; appellants have 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 appellants.

Accordingly, I.A. No.671/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent sureties in the like amount to the satisfaction of learned trial, the execution of remaining custodial part of the sentence of the appellants shall remain suspended, till final disposal of this

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 1/19/2023 11:52:58 AM

appeal.

The appellants after being enlarged on bail shall mark their 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