Moh.Shadab vs The State Of Madhya Pradesh
2023 Latest Caselaw 10811 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 7619 of 2023
                                               (MOH.SHADAB Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-07-2023
                                 Shri Paritosh Trivedi - Advocate for appellant.

                                 Shri Anil Upadhyay - Panel Lawyer for respondent/State.

Heard on admission.

The appeal is admitted for final hearing. Also heard on I.A. No.13836/2023, which is firs t application under

section 389(1) of Cr.P.C. filed on behalf of the appellant for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 307/34 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.1,000/- and Section 323 of IPC and sentenced to undergo R.I. for 6 months with fine of Rs.500/-, with default stipulation. The appellant is in jail.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offences. There is

a bleak possibility of disposal of this appeal in near future, therefore, the custodial sentence of the appellant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the bail application. Heard learned counsel for both the parties and perused the judgment and record of the court below.

Looking to the nature of offence and also the fact that the hearing of appeal may take considerable time, this Court finds it to be a fit case to suspend Signature Not Verified Signed by: POONAM MANEKAR Signing time: 7/17/2023 3:15:20 PM

the jail sentence of the appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 30.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 7/17/2023 3:15:20 PM