Sheikh Mohammad Irfan vs The State Of Madhya Pradesh
2023 Latest Caselaw 4278 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 1245 of 2023
                                        (SHEIKH MOHAMMAD IRFAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-03-2023
                                 Shri F.A. Shah, learned counsel for appellant.

                                 Shri C.P. Singh, learned Panel Lawyer for respondent/State.

Record of court below is received.

Appeal being arguable is admitted for hearing. Heard on I.A.No.4235/2023 first application u/Sec. 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Sheikh

Mohammad.

This criminal appeal has been filed against the judgment dated 31.12.2022 passed in S.T.No.250/2017 by Seventh Additional Sessions Judge Shivpuri District Shivpuri whereby the appellant has been convicted under section 419 of IPC and sentenced to undergo one year R.I. with fine of Rs.5000/-, under section 467 of IPC and sentenced to undergo five year R.I. with fine of Rs.10,000/-, under section 468 of IPC and sentenced to undergo five year R.I. with fine of Rs.10,000/-, under section 471 of IPC and and sentenced to undergo five year R.I. with fine of Rs.10,000/- and under section 419/511 of

IPC and and sentenced to undergo six month R.I. with fine of Rs.5000/- with default stipulation.

The allegation against the appellant is that he was trying to withdraw the money by forging signature of account holder Anil Yadav.

It is submitted by counsel for the appellant that the appellant has been falsely implicated in this case. The appellant has suffered more than six months of incarceration. There are fair chances of success of this appeal. Appeal is of Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/17/2023 5:46:06 PM

the year 2023 which may take long time for its conclusion. Under these circumstances, the execution of sentence be suspended and the appellants be released on bail.

On the contrary, learned counsel for the State opposed the application and prayed for its rejection.

Keeping in view of the aforesaid submissions of learned counsel for the parties and the fact that an early hearing of this case is not possible, I.A.No.4235/2023 is allowed.

It is therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 17th July, 2023 and on such further dates as may be fixed by the office in this regard, sentence of imprisonment awarded to the appellant shall remain suspended till further orders and he shall be released on bail.

Application I.A. No. 4235/2023 is allowed and disposed of. A copy of this order be sent to the trial Court concerned for necessary compliance.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 3/17/2023 5:46:06 PM