Danish Baig vs The State Of Madhya Pradesh
2023 Latest Caselaw 19502 MP

Madhya Pradesh High Court

Danish Baig vs The State Of Madhya Pradesh on 22 November, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 14352 of 2023
                                               (DANISH BAIG Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-11-2023
                                 Shri Zafar Khan - Advocate for the appellant.

                                 Shri Dilip Kumar Shrivastava - Government Advocate for the
                           respondent/State.

Heard on admission.

Appeal is admitted for final hearing.

Let the record of the trial Court be requisitioned. Also heard on I.A.No.27043/2023 which is first application under Section 389 (1) of the Cr.P.C. for suspension of custodial sentence passed against the appellant and release him on bail.

Appellant has been convicted under Section 25(1-B)(B) of the Arms Act and sentenced him to undergo R.I. for one year with fine of Rs.1,000/- with default stipulation vide impugned judgment dated 27/10/2023 passed by III Additional Sessions Judge, Bhopal in ST.No.511/2021.

It is submitted by the counsel for the appellant that the trial Court has

already suspended the jail sentence of the appellant till 28/11/2023. It is further submitted that appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing in near future. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Considering overall facts and circumstances of the case, contention of learned counsel for the appellant and the fact that trial Court has already

suspended the jail sentence of appellant till 28/11/2023, the appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, but without commenting on merits of the case, application is allowed.

I t is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 24.01.2024 and on all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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