Syed Aasif vs The State Of Madhya Pradesh
2023 Latest Caselaw 380 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                     CRA No. 12296 of 2022
                                        (SYED AASIF AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-01-2023
                               Shri Amit Dubey - Advocate for the appellants.

                               ms. Garima Tiwari - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. 24530/2022No.15676/2022, which is an application

under Section 389(1) of Cr.P.C., 1973 for suspension of jail sentence of the appellants.

T h e appellants have been convicted for commission of offences punishable under Sections 147 IPC sentenced to undergo RI for three months and fine of Rs.200/-, under Section 148 IPC sentenced to undergo RI for six months and fine of Rs.300/- and under Section 326/149 of IPC sentenced to undergo RI for two years and find of Rs.1000/- with default stipulations vide judgment of conviction and order of sentence dated 10.12.2022 passed in ST No. 660/2015 by learned Sessions Judge, Burhanpur District Burhanpur.

Learned counsel for the appellants submits that the jail sentence of the appellants has already been suspended by the learned Trial Court till 08.01.2023. He further submits that the appellants are innocent and have been falsely implicated in the alleged offence. It is also submitted that the learned trial Court failed to consider the material and important contradictions and omissions in the statements of the prosecution witnesses. They have no criminal antecedents. He further submits that final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/9/2023 11:51:34 AM

application for suspension of sentence of the appellant be allowed.

Learned Government Advocate for the respondent/State on the other hand has opposed the application and prays for suspension of sentence and prays for its rejection, but fairly admits that there is no criminal antecedents against the appellants.

Considering the facts and circumstances of the case, the arguments advanced by learned counsel for the parties as also on perusal of record, this Court is of the considered opinion that the application for suspension of jail sentence filed on behalf of the appellant deserves to be allowed.

Accordingly, I.A.No.24530/2022 is allowed and it is directed that

subject to depositing the fine amount (if not already deposited) and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety each in the like amount to the satisfaction of the trial Court, the execution of jail sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal for their appearance before the concerned trial court on 16.03.2023 and on all such subsequent dates, as may be fixed by the Registry in this regard.

Meanwhile, let record of the Court below be called for. List for final hearing in due course.

(RAJENDRA KUMAR (VERMA)) JUDGE

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 1/9/2023 11:51:34 AM