Vasim vs The State Of Madhya Pradesh
2023 Latest Caselaw 16360 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 9635 of 2023
                                                     (VASIM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-10-2023
                                 Shri Manish Yadav, learned counsel for the appellant.

                                 Shri Vinod Thakur, Government Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing. Also heard on I.A. No.11280/2023, which is first application filed under

Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Vasim.

2. The trial Court has convicted the appellant vide judgment of conviction and order of sentence dated 25.07.2023 passed in S.T. No.55/2017 passed by the Fifth Additional Sessions Judge, Ujjain (M.P.) as under:-

                                         Conviction                                       Sentence
                                Session & Act         Imprisonment            Fine      Imprisonment in lieu of fine
                            394 r/w 397 of the IPC     10 years RI         Rs.3,000/-          1 year add. RI
                              25 of the Arms Act       3 years R.I.        Rs.1,000/-           3 months RI
                              27 of the Arms Act        3 years R.I.       Rs.1,000/-           3 months RI

3. Learned counsel for the appellant submits that appellant is pressing this application only on the basis of custody period and submits that the appellant has completed jail incarceration of more than 6 years and final hearing of the appeal is not possible in future therefore, prayer is made for suspension of jail sentence and grant of bail to the appellant.

4. On the other hand, learned Govt. Advocate for the respondent/State has opposed the prayer of the appellant, but has not disputed the incarceration period of the appellant.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 06-10-2023 16:30:32

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case coupled with the fact that appellant has completed jail incarceration of more than 6 years and the final hearing of this appeal will take sufficient long time, without expressing any opinion on the merits of the case, I.A. No.11280/2023, is allowed and the jail sentence of the appellant shall remain suspended.

7. It is directed that subject to depositing the fine amount, if already not deposited, appellant Vasim shall be released on bail, on furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) along with solvent surety in the like amount to the satisfaction of trial Court, for

his appearance before the Registry of this Court firstly on 18.12.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. List the case for final hearing in due course. C.C. as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 06-10-2023 16:30:32