Abdul Hameed Usmani vs The State Of Madhya Pradesh
2023 Latest Caselaw 7334 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 334 of 2023
                                     (ABDUL HAMEED USMANI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-05-2023
                                Shri Harish Shukla - Advocate for the appellants.

                                Shri Satyapal Chaddar - Govt. Advocate for respondent / State.

Trial Court record has been received.

Heard on admission.

Prima facie, this appeal seems to be arguable. Hence, admitted for final

hearing.

Learned counsel for the State prays for time to file written objection to I.A. No.2056/2023.

Prayer is allowed.

Also heard on I.A.No.9433/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant No.2 Shammi @ Shameem pending the appeal.

The appellant No.2 has been convicted for commission of offence under Section 324 of IPC and has been sentenced to R.I. for 02 years and fine of

Rs.500/- and under Section 25-1 B of Arms Act and has been sentenced to R.I. for 01 year and fine of Rs.500/- with default stipulation vide judgment dated 21/12/2022 passed in Session Trial No.486/2013 (State of M.P. Vs. Mohd. Shakeel Ansari and others) by 19th Additional Sessions Judge, Jabalpur.

Learned counsel for the appellant No.2 has submitted that appellant is in jail since 26.4.2023. During trial and after conviction, he was on bail and he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chances to succeed in appeal. There is no possibility Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/4/2023 6:15:49 PM

of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant No.2.

Considering the short nature of sentence and contention of learned counsel for the appellant No.2, I deem it proper to suspend the remaining jail sentence of the appellant No.2 Shammi @ Shameem because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.9433/2023 is allowed. The execution of jail sentence of appellant No.2 - Shammi @ Shameem is hereby suspended

subject to depositing the fine amount, if not already deposited. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 27.07.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

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

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/4/2023 6:15:49 PM