Gulab Usmani vs The State Of Madhya Pradesh
2023 Latest Caselaw 1548 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 552 of 2020
                                              (GULAB USMANI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 27-01-2023
                                Shri Shubham Manchani, learned counsel for the appellant.

                                Shri D. K. Paroha, Public Prosecutor for the respondent State.

Heard on I.A. No.807/2022, second application under Section 389(1) of CrPC for suspension of sentence of the appellant who stands convicted under Section 392/34 of IPC to undergo R.I. for 5 years and to pay fine of Rs.2000/-

with default stipulation.

2. The prosecution case in short is that, on 07.12.2015 at 03.00 PM complainant lodged an FIR that on the same date at 01.30 PM she was going from Mahalaxmi Bai Park B-Sector Indrapuri to her home, suddenly two persons came in front of her by motorcycle and the person who was seated back on bike snatched her gold chain from her neck and ran away.

3. This time the suspension is pleaded on the ground of period of custody which is more than three years. It is also argued by the learned counsel for the applicant that the appeal would take time to be heard finally; therefore, it

is prayed that the sentence of the applicant be suspended.

4. Learned Public Prosecutor has opposed the application. He referred to paragraph 37 of the judgment of the lower Court and document Ex.P.15, wherein it is mentioned that the appellant has as many as 7 criminal antecedents viz., at P.S. Nishantpura Bhopal Crime No.816/14 u/s 294, 323, 506 34 IPC and Crime No.726/15 u/s 363, 366, 376 IPC, at P.S. Shahganj, District Agra, Uttar Pradesh Crime No.292/16 u/s 392 IPC, Crime No.320/15 u/s 392 IPC, Crime No.333/16 u/s 392 IPC, Crime No.338/16 u/s 393 IPC & Crime No.664/16 u/s Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 1/30/2023 5:00:36 PM

2/3 of Gangster Act.

5. In reply, learned counsel for the appellant submitted that the appellant has not been convicted in any of the above mentioned offences.

6. Considering the nature and gravity of offence, statement made by learned counsel for the appellant, period of custody as well as the remote possibility of the appeal to be heard finally and the other facts and circumstances of the case the application is allowed.

7. It is directed that on deposition of the fine amount, if not deposited, and also on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction

of the trial Court for his appearance before the Trial Court on 18.04.2023 and on all other subsequent dates, as may be fixed by the trial Court in this behalf, the execution of substantial jail sentence imposed on the appellant-Gulab Usmani shall remain suspended, till final disposal of this appeal.

8. Appellant shall also mark his presence in the first week of every calendar month at the concerned police station.

9. List for final hearing in due course.

(VIRENDER SINGH) JUDGE

Loretta

Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 1/30/2023 5:00:36 PM