Francis Emeka Mgbolu vs The State Of Madhya Pradesh
2023 Latest Caselaw 16792 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 5508 of 2023
                                         (FRANCIS EMEKA MGBOLU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 10-10-2023
                                Shri Ahadulla Usmani - Advocate for appellant.

                                Smt. Tulsa Koshta - Panel Lawyer for respondent/State.

Heard on admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Let record of Court below be called for.

Also heard on IA No.8691 of 2023, which is the first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant Francis Emeka Mgbolu. Appellant is in jail.

Appellant stood convicted under Section 471 of the IPC and sentenced to suffer R.I. for 5 years with fine of Rs.10,000/-, under Section 420 of the IPC and sentenced to suffer R.I. for 4 years with fine of Rs.5,000/- and under Section 14 of the Foreigners Act, 1946 and sentenced to suffer R.I. for 3 years with fine of Rs.5,000/- (all the jail sentences shall run concurrently) with default stipulations vide judgment of conviction and order of sentence dated

10.12.2023 passed by Additional Sessions Judge, Raisen, District Raisen in S.T.No.29 of 2019.

Learned counsel for appellant while seeking suspension of sentence inter alia claims parity with the co-accused namely Lay Sane @ Steve Egbo whose jail sentence has already been suspended on the ground of completion of half of the jail sentence awarded to him. It is submitted by the counsel that present appellant has also completed more than half of jail sentence awarded to him, therefore, on the basis of parity he also entitled for suspension of sentence and Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 11-Oct-23 9:49:41 AM

grant of bail.

P e r contra, learned counsel for State while opposing the prayer, supported the judgment impugned. He contends that judgment impugned is passed upon proper evaluation of evidence placed on record, so the sentence of the appellant should not be suspended.

Upon hearing learned counsel for the parties though this Court refrain f r o m commenting upon rival contentions touching merits of the matter, however, looking the completion of the jail sentence awarded to him as well as on the ground parity with the co-accused, the appeal is of the year 2023 and there is no likelihood early hearing of the appeal in near future, in the obtaining

facts and circumstances, present appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.8691 of 2023 stands allowed and it is directed that the jail sentence of appellant-Francis Emeka Mgbolu shall remained suspended and he be released on bail on his furnishing a personal bond in the s um of Rs.1,00,000/- (Rupees One Lakh Only) with two local solvent sureties in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 21/12/2023 and on other subsequent dates as may be fixed in this behalf.

It is made clear that appellant shall surrender his passport with the concerned Trial Court forthwith and shall not leave India without prior permission of this Court.

Accordingly, I.A.No. 8691 of 2023 stands allowed and disposed of. Certified copy as per rules.

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 11-Oct-23 9:49:41 AM

(ROOPESH CHANDRA VARSHNEY) JUDGE DPS

Signature Not Verified Signed by: DHEERAJ PRATAP SINGH Signing time: 11-Oct-23 9:49:41 AM