Shalu @ Wasim vs The State Of Madhya Pradesh
2023 Latest Caselaw 4167 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                CRA No. 6798 of 2022
                                                       (SHALU @ WASIM Vs THE STATE OF MADHYA PRADESH)

                                     Dated : 16-03-2023
                                           Shri Rajmani Sharma - Advocate for the appellant.

                                           Shri Satish Pateriya - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Record of the trial court perused.

The appeal is admitted for final hearing.

Als o heard on I.A No. 20972/2022 which is an application under Section 389(1) of Cr.P.C for suspension of sentence moved on behalf of appellant Shalu @ Wasim.

The appellant has been convicted for offence under Section 148 of IPC and sentenced to undergo R.I. for 02 years and fine of Rs. 2000/- and section 307/149 of IPC and sentenced to undergo R.I. for 07 years and fine of Rs.5000/- with default stipulations vide judgment dated 18.07.2022 passed in S.T. No. 112/2014 by learned 5th Addl. Sessions Judge, Chhatarpur (M.P.).

Learned counsel for the appellant submits that the appellant is innocent

and has falsely been implicated in the matter. Learned trial Court have failed to consider the material contradiction, omission and commission in the statement of prosecution witnesses. It is also submitted that appellant Shalu @ Wasim has not named in the FIR by the complainant Prashant Singh Chouhan (PW-3) but he has named the present appellant in his statement recorded before the trial court. There is no TIP conducted by the prosecution. Injured PW-2 Anul Signature Not Verified SAN

Singh has nothing stated regarding involvement of present appellant in incident. Digitally signed by AMITABH RANJAN Date: 2023.03.17 17:16:23 IST

There is no specific role has been attributed by the present appellant. Final

hearing of this appeal will take time. Hence, counsel prayed that application for suspension of sentence may be allowed.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application and prays for its rejection.

In due consideration of the submissions made on behalf of the appellant, on perusal of the record and considering the facts that appellant was not named in the FIR, it would be appropriate to suspend the remaining part of his jail sentence.

Accordingly, aforesaid I.A No. 20972/2022 filed on behalf of appellant is allowed and it is directed that subject to deposit of fine amount if already not

deposited and on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 13.06.2023 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

List the matter for final hearing in due course.

Certified copy, as per rules.

                                                                                      (RAJENDRA KUMAR (VERMA))
                                                                                                JUDGE
Signature Not Verified
  SAN                                Amitabh

Digitally signed by AMITABH RANJAN
Date: 2023.03.17 17:16:23 IST