Mohammad Arif @ Raja vs The State Of Madhya Pradesh
2023 Latest Caselaw 16577 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 9159 of 2023
                                          (MOHAMMAD ARIF @ RAJA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-10-2023
                                 Shri A.S. Parihar - Advocate for appellant.

                                 Mrs. Shanti Tiwari - Panel Lawyer for respondent/State.

Heard on the question of admission.

Admit.

Also heard o n I.A. No.23718/2023, this is the first application for

suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Mohammad Arif @ Raja.

The appellant has been convicted vide judgment dated 06/07/2023 passed by First Additional Sessions Judge, Panna in S.T. No. 19/2022 for commission of offence punishable under Section 120(B) of IPC and sentenced to undergo RI for 4 years and to pay fine of Rs.40,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. There is short

sentence of 4 years RI has been imposed on appellant, out of which he has already completed more than 6 months. 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 appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Panel Lawyer for the respondent/State has Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 07-Oct-23 3:34:47 PM

opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the trial Court appellant has already suffered more than two years RI 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 appellant Mohammad Arif @ Raja shall remain suspended during the pendency of this appeal and he be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand

only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 07-Oct-23 3:34:47 PM