Mohd. Shahid vs The State Of Madhya Pradesh
2023 Latest Caselaw 9889 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 6865 of 2023
                                            (MOHD. SHAHID Vs THE STATE OF MADHYA PRADESH)

                         Dated : 30-06-2023
                                Shri Neeraj Jain - Advocate for the appellant.

                                Shri Anil Upadhyay - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.12049 of 2023 first application filed under Section

389(1) of CrPC for suspension of sentence on behalf of appellant.

Vide impugned judgment dated 24.04.2023 passed by the 19th Additional Sessions Judge, Bhopal in S.T. No.519 of 2017, the appellant has been convicted for offence punishable under Section 324 of IPC and sentenced to undergo R.I. for two years and to pay fine o f Rs.2,000/- with default stipulation.

Learned counsel for the appellant submits that the appellant is in custody since 24.04.2023. Learned counsel for the appellant submits that his jail sentence has already been suspended by the trial court but he could not file the

appeal in time therefore, he could not get the benefit of the aforesaid. The appeal was filed on 19.05.2023 prior to that he has already surrendered. There is no likelihood of early disposal of the appeal. Hence, he prays for suspension of sentence and grant of bail.

Per contra, counsel for the State has vehemently opposed the application. Considering the overall facts and circumstances of the case and looking to the fact that there is no likelihood of early disposal of the appeal in near future, this Court is inclined to grant bail to appellant by way of suspension of Signature Not Verified Signed by: SHALINI LANDGE Signing time: 7/1/2023 10:21:22 AM

sentence. Accordingly, without expressing any opinion on the merits, I.A.No.12049 of 2023 is allowed and it is directed that the remaining jail sentence of the appellant shall remain suspended on the appellant's furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with separate solvent surety in the like amount to the satisfaction of trial Court concerned for his appearance before the Registry of this Court on 28.11.2023 and thereafter on such other dates as may directed by the Registry of this Court in this regard.

List the matter for final hearing in due course. Certified copy as per rules.

(VISHAL MISHRA) JUDGE

Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 7/1/2023 10:21:22 AM