Madhya Pradesh High Court
Altaf Uddin @ Shahrukh vs The State Of Madhya Pradesh on 28 November, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14701 of 2023
(ALTAF UDDIN @ SHAHRUKH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 28-11-2023
Shri Jafar Khan - Advocate for appellants.
Ms.Shanti Tiwari - Panel Lawyer for respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Let record of court below be called for.
Also heard o n I.A. No.27621/2023, this is the first application for
suspension of sentence and grant of bail filed under Section 389 of Cr.P.C. on
behalf of appellants.
T h e appellants have been convicted vide judgment dated 08/11/2023
passed by Fifth Additional Sessions Judge, Bhopal in S.T. No. 147/2021 and
appellants have been found guilty for commission of offence punishable under
Sections 324/34 and 325/34 of IPC and sentenced to undergo RI for 2 years
and 3 years and to pay fine of Rs.3,000/- and Rs.5000/- for each offence
respectively with usual default stipulations.
Learned counsel for the appellants submits that the trial Court has not
properly appreciated the evidence in its proper perspective and committed
grave error in convicting the appellants for aforesaid offence. Custodial
sentence of appellants have already been suspended by trial Court since
14/12/2023. There are fair chances of success of this appeal and final hearing
of same will take considerable time, therefore, if remaining custodial sentence
has not been suspended, then the appeal filed by appellants may turn
infructuous. Under these circumstances, learned counsel for appellants prays
for suspension of jail sentence and release of the appellants on bail till the final
disposal of the appeal.
O n the other hand, learned Panel Lawyer has opposed the contention
raised by learned counsel for appellants and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case, contention
o f learned counsel for the appellants coupled with the fact that the custodial
sentence of appellants has already been suspended till 14/12/2023 and
according to listing policy the hearing of this appeal will take time, the
application is allowed and it is directed that the execution of the remaining jail
sentence passed against appellants s hall remain suspended during the
pendency of this appeal and they be released on bail subject to depositing
entire fine amount, if already not deposited and upon their furnishing personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one
separate surety in like amount to the satisfaction of the trial Court for their
appearance before the trial Court on 24/01/2024 and on such further dates as
may be fixed by trial Court it in this regard during the pendency of this appeal.
List the appeal for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
sm
