Mohammad Umar vs State Of Madhya Pradesh
2023 Latest Caselaw 7567 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 4353 of 2023
                                               (MOHAMMAD UMAR Vs STATE OF MADHYA PRADESH)

                          Dated : 09-05-2023
                                   Shri Sankalp Kochar - Advocate for the appellant.

                                   Shri Pramod Choubey - Government Advocate for the respondent-State.

Heard on I.A. No.10168/2023, which is an application for condonation of delay.

There is delay of 32 days in filing the present appeal.

For the reasons stated in the application, the same is allowed and the delay is condoned.

Also heard on the question of admission.

Admit.

Further, heard on I.A. No.6851/2023, which is an application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant.

T h e appellant has been convicted for the offence punishable under Sections 188 of the IPC and sentenced them to undergo R.I. for one month and

fine of Rs.200/-, under Section 148 of the IPC and sentenced them to undergo RI for two years and fine of Rs.500/-, under Section 307 r/w Section 149 of the IPC and sentenced them to undergo RI for seven years and fine of Rs.2,000/-, under Section 332 r/w Section 149 of the IPC (on 11 counts) and sentenced them to undergo RI for two years and fine of Rs.300/-(total Rs.3300 for 11 counts) and under Section 427 of the IPC and sentenced them to undergo RI for one year and fine of Rs.500/- with default stipulations respectively.

Learned counsel for the appellant submitted that the trial Court without Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 5/10/2023 10:41:13 AM

appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. The appellant is in custody since the date of judgement i.e.20/12/2022. Hence prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal is likely to take long time.

On the other hand learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

Looking to the contention of learned counsel for the appellant and

considering the facts and circumstances of the case and as to the fact that the appellant is in custody since the date of judgment i.e.20/12/2022 and hearing of this appeal according to listing policy will take time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 12/09/2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Let the matter be listed for final hearing in due course. C.C. on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

ps

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 5/10/2023 10:41:13 AM