Sameer Sheikh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16398 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRR No. 4212 of 2023
                                              (SAMEER SHEIKH Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-10-2023
                                 Shri Manish Datt - Senior Advocate with Shri Siddharth Bendel -

                           Advocate for the applicant.
                                 Shri C. M. Tiwari - Government Advocate for the respondent/State.

Heard on admission.

Admit.

Also heard on I.A. No.22393/2023, which is the first application application under Section 397(1) of the Cr.P.C. filed on behalf of sole application for suspension of sentence and grant of bail.

T his revision has been filed against the judgment dated 04/09/2023 passed by IV Additional Sessions Judge, Narsinghpur, District Narsinghpur in Criminal Appeal No.105/2023 arising out of judgement dated 27/03/2023 passed by Chief Judicial Magistrate, Narsinghpur, District Narsinghpur in Criminal Case No.1330/2016, whereby learned trial Court found the applicant guilty for the offences punishable under Sections 354 of the IPC and sentenced him to

undergo R.I. for one year with fine of Rs.2,000/- and learned Appellate Court partly allowed the appeal filed by the applicant and instead of convicting the application under Section 354 of the IPC, convicted the applicant under Section 354(A)(1) of the IPC and sentenced him to undergo R.I. for six months with fine of Rs.2,000/- with default stipulation.

Learned counsel for the applicant submitted that learned trial Court as well as appellate Court without appreciating the evidence wrongly found the applicant guilty for the aforesaid offence. The applicant was on bail during trial Signature Not Verified Signed by: ANURAG SONI Signing time: 05-10-2023 17:06:06

and he never misused the liberty granted to him. The applicant has been in custody since the date of judgment i.e. 04/09/2023. Hence, prayed for suspension of the jail sentence and release of the applicant on bail, since the final hearing of this revision will take time.

Per contra, learned Government Advocate opposed the prayer and submitted that the guilty of applicant is proved beyond reasonable doubt, so learned trial Court as well as Appellate Court did not commit any mistake in convicting the applicant for the aforesaid offences. It is prayed that application for suspension of sentence and grant of bail be rejected.

Looking to the facts and circumstances of the case, contention of learned

counsel for the applicant and the fact that applicant is in judicial custody since 04/09/2023 and according to listing policy the hearing of this revision will take time, the application is allowed. It is, therefore, directed that execution of the jail sentence passed against the applicant shall remain suspended during the pendency of this revision and he be released on bail upon furnishing personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for his appearance before the trial Court concerned on 18/12/2023 and on such further dates as may be fixed by it in this regard during the pendency of this revision.

List the case for final hearing in due course.

Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

as

Signature Not Verified Signed by: ANURAG SONI Signing time: 05-10-2023 17:06:06