Kamruddin vs The State Of Madhya Pradesh
2023 Latest Caselaw 5249 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 9024 of 2019
                                          (KAMRUDDIN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-03-2023
                                  Shri Surendra Tuteja, learned counsel for the appellants.

                                  Shri Ranjeet Sen, Govt. Advocate for the respondent/State.

Heard on IA No.3364/2023, which is fourth application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of the appellant No.7 Nizamuddin.

This appeal is filed by the appellants being aggrieved by the judgment dated 30.09.2019 passed by learned 5th ASJ, District Dewas in S.T.No.200/2016 whereby the appellant No.7 Nizamuddin has been convicted for the offence under Sections 148 & 307 of the IPC and sentenced to undergo 2 years R.I. and 7 year R.I. with fine of Rs.with fine of Rs.2,000/- & 20,000/- with default stipulation.

This application is filed on the ground of period of custody. Learned counsel for the appellants submits that the appellant No.7 Nizamuddin has already completed half of the jail sentence. There is no

likelihood of final hearing of this criminal appeal in near future and by that time he will complete the sentence, the very purpose of filing the appeal would be worthless. There is no minimum sentence provided under Section 307 of the IPC. There is a chances of reduction of sentence also. Hence, prays for suspension of sentence and grant of bail to the appellant No.7 Nizamuddin.

Learned Government Advocate opposes the application and prays for its rejection.

Looking to the facts and circumstances of the case, nature of injury and Signature Not Verified Signed by: VARSHA SINGH Signing time: 3/31/2023 11:27:50 AM

role attributable to the appellant No.7 Nizamuddin, period of custody of the appellant No.7 Nizamuddin and there is no likelihood of early hearing of this appeal in near future, the application (IA No.3364/2023) is allowed.

It is directed that the jail sentence of the appellant No.7 Nizamuddin shall remain suspended and he be released on bail upon his depositing the fine amount (if not already deposited) and also upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the concerned trial Court on 11.09.2023 and on such further dates as may be fixed in this behalf by the concerned trial Court during the pendency of this appeal.

Accordingly, IA No.3364/2023 stands allowed and disposed off.

(VIVEK RUSIA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 3/31/2023 11:27:50 AM