Madhya Pradesh High Court
Mohd Taleem vs The State Of Madhya Pradesh on 27 June, 2023
Author: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6315 of 2023
(MOHD TALEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 27-06-2023
Shri Satyam Agrawal - Advocate for the appellants.
Shri Anil Upadhyay - Panel Lawyer for the respondent/State.
Record of the Court below is available.
Heard on the question of admission.
The appeal being arguable, is admitted for final hearing.
Also heard on I.A No.10311/2023, which is an application under Section
389 of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of
the appellants.
Appellant No.1 has been convicted for offence under Section 399 of IPC
and sentenced to undergo R.I. for 5 years with fine of Rs.500/-, under Section
400 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500/-,
under Section 402 of IPC and sentenced to undergo R.I. for 3 years with fine
of Rs.500/-, lastly under Section 25(1)(b)(b) of Arms Act and sentenced to
undergo R.I. for 1 year with fine of Rs.500/-, with default stipulations.
Appellant No.2 has been convicted for offence under Section 399 of IPC
and sentenced to undergo R.I. for 5 years with fine of Rs.500/-, under Section
400 of IPC and sentenced to undergo R.I. for 5 years with fine of Rs.500/-,
lastly under Section 402 of IPC and sentenced to undergo R.I. for 3 years with
fine of Rs.500/-, with default stipulations.
Learned counsel for the appellants submits that the appellants are
innocent and have falsely been implicated in the matter. The learned trial Court
has erred in not appreciating the fact that there are material omissions and
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 6/28/2023
10:33:57 AM
contradictions in the versions of the prosecution witnesses. He further submits
that both the independent witnesses have turned hostile. The entire case is
based only on conversation, on the basis of which, offence has been registered
against the appellants. The appellants bear no criminal record. They are in jail
from the date of judgment i.e.29.04.2023 and during trial, they were on bail but
did not misuse the liberty so granted. He further submits that there is no
likelihood of hearing of appeal in near future. Hence, it is prayed that the
application for suspension of sentence may be considered.
On the other hand, learned counsel for the State opposes the application
and prays for its rejection.
I have heard learned counsel for the parties and perused the record.
Learned Court below in its order has observed that the appellants were
carrying weapons with them and they could not explain their possession in the
dead of night. This may be observed here that five persons carrying lethal
weapons, were caught on the spot, but not a single injury was sustained by the
police personnel in this exercise.
Looking to the aforesaid facts and circumstances of the case, this Court
is of the opinion that it would be appropriate to suspend the jail sentence of the
appellants. Accordingly, I.A. filed on behalf of the appellants is allowed.
It is directed that subject to deposit of fine amount, if already not
deposited and on furnishing a personal bond by the appellants each in the sum
of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety each in
the like amount to the satisfaction of learned trial Court for their regular
appearance before the concerned trial Court, the execution of custodial part of
the remaining sentence imposed against the appellants shall remain suspended,
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 6/28/2023
10:33:57 AM
till final disposal of this appeal.
T he appellants, after being enlarged on bail, shall mark their presence
before the concerned trial Court on 11.10.2023 and on all such subsequent
dates, which are fixed in this regard by the concerned trial Court.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
Prachi
Signature Not Verified
Signed by: PRACHI PANDEY
Signing time: 6/28/2023
10:33:57 AM
