Sher @ Sajid vs The State Of Madhya Pradesh
2023 Latest Caselaw 5256 MP

                                                                           1
                                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                                AT JABALPUR
                                                                   CRA No. 8207 of 2021
                                                          (SHER @ SAJID Vs THE STATE OF MADHYA PRADESH)

                                      Dated : 29-03-2023
                                             Shri Shailendra Verma - Advocate for the appellant.

                                             Shri K.S. Patel - Panel Lawyer for the respondent/State.

Heard on I.A. No.5579/2023, which is second application filed on behalf of the appellant for suspension of sentence and grant of bail. His earlier application was dismissed as withdrawn vide order dated 29.9.2022.

The appellant has been convicted by the trial Court under Section 307 of I.P.C. and 25(1-B(a), 27 of the Arms Act and sentenced to undergo R.I. for 5 years with fine of Rs.5000/- R.I. for 1 year with fine of Rs.2000/- and R.I. for 3 years with fine of Rs.3000/- respectively with default stipulations.

Learned counsel for the appellant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. The appellant has served the jail sentence of more than one and a half years and there is a bleak possibility of disposal of this appeal in near future, therefore, the

custodial sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer has opposed the application. Looking to the aforesaid facts and circumstances of the case, opinion of Dr. Monica Sahu (PW-3) as mentioned by the trial Court in paragraphs 12 to 20 of the impugned judgment and custody period of the appellant, I find it to be a Signature Not Verified SAN

fit case to suspend the remaining jail sentence of the appellant and to release him Digitally signed by PRADYUMNA BARVE Date: 2023.03.29 16:54:57 IST

on bail, therefore, without commenting on the merit of the case, this application

is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant Shera @ Sajid shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 28.08.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

It is made clear that if appellant is found involved in similar offence or any other offence in respect of the complainant, this order shall become

ineffective.

List for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

PB

Signature Not Verified SAN

Digitally signed by PRADYUMNA BARVE Date: 2023.03.29 16:54:57 IST