Mustkeem vs The State Of Madhya Pradesh
2023 Latest Caselaw 11435 MP

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                         CRA No. 3134 of 2020
                                                 (MUSTKEEM Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-07-2023
                                    Mr. Nitin Sharma - Advocate for the appellant.

                                    Mr. Dinesh Savita - Public Prosecutor for the respondent - State.

Admit.

Heard on I.A. No. 6354 of 2023, which is fourth application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved by the appellant. Third application was filed for interim bail on the ground of ill

health.

This Criminal Appeal assails the judgment dated 24.2.2020 passed by Third Additional Sessions Judge, Guna (M.P.) in Sessions Case No. 49/2010, whereby appellant has been convicted and sentenced under Section 489-B of IPC to undergo rigorous imprisonment of ten years with fine of Rs.10,000/- and under Section 489-C of IPC to undergo rigorous imprisonment of seven years with fine of Rs.10,000/-, with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellant without considering the material and evidence available

on record. Allegation of using alleged counterfeit or forged currency is not on the appellant, therefore, offence under Section 489-C of IPC is made out for possession of forged currency for which maximum punishment of seven years is prescribed out of which present appellant has already served four years of incarceration. It is further argued that independent witnesses have also not supported the case of the prosecution. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jul-23 1:55:01 PM

to appellant.

Counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 6354 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court,

the remaining jail sentence of the appellant shall remain suspended and he be released on bail. Appellant is further directed to mark his appearance before the Office of this Court o n 27.10.2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 21-Jul-23 1:55:01 PM