Firoz Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 10919 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 8490 of 2023
                                               (FIROZ KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-07-2023
                                Shri Aman Patel - Advocate for the appellant.

                                Shri Alok Agnihotri- Government Advocate for the respondent/State.

Record of the trial court has been received. Heard on the question of admission.

Considering the submission made by the learned counsel for the

appellant, it appears that appeal involves arguable points, therefore it is admitted for final hearing.

Heard on I.A. No.15799/2023 which is the first application filed under Section 389(1) of the Code of Criminal Procedure for suspension of sentence and grant of bail to the appellant.

Appellant has been convicted under Sections 307/149, 333/149, 435/149, 147, 332/149, 342/149, 427 of the Indian Penal Code and Section 4 of the Prevention of Loss to Public Property and sentenced to RI for seven years with fine of Rs. 500/- u/s 307/149 of IPC, RI for seven years with fine of Rs. 500/-

u/s 333/149 of IPC, RI for five years with fine of Rs. 500/- u/s 435/149 of IPC, RI for one year with fine of Rs. 500/- u/s 147 of IPC, RI for one year with fine of Rs. 500/- u/s 332/149, RI for one year with fine of Rs. 500/- u/s 342/149, RI for one year with fine of Rs. 500/- u/s 427 of IPC and RI for two years with fine of Rs. 500/- u/s 4 of Prevention of Damage to Public Property Act, 1984 with default stipulations.

Counsel for the appellant submits that the appellant is in jail since 29.05.2023 for the aforementioned offence. He submits that the co-accused Signature Not Verified Signed by: DEVASHISH MISHRA Signing time: 7/14/2023 7:39:17 PM

persons have suffered the same sentence whose sentence have been suspended by this Court, therefore, the applicant may be enlarged on bail on bail and his sentence may be suspended.

Learned counsel for the respondent/State has opposed the application and submitted that looking to the period of sentence awarded and period of incarceration of appellant, at this stage application deserves to be dismissed because at least appellant should suffer sentence of three and a half years.

Considering the submission made by the learned counsel for the parties, record of the trial court and also the judgment passed by the trial court and on the ground of parity, I am inclined to consider and allow the application.

Accordingly, IA No. No. 15799/2023 is allowed.

I t is directed that remaining jail sentence of appellant shall remain suspended and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with a surety bond of like amount to the satisfaction of the trial Court concerned for her appearance before the Registry of this Court o n 22.11.2023 and on such other dates as maybe fixed by the Registry in this regard.

List this case along with Cr.A.No.10132/2022. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

rk.

Signature Not Verified Signed by: DEVASHISH MISHRA Signing time: 7/14/2023 7:39:17 PM