Madhya Pradesh High Court
Anwar vs The State Of Madhya Pradesh on 10 October, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
CRA No. 12897 of 2023
(ANWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 10-10-2023
Shri Vikas Yadav - Advocate for appellants.
Shri Amit Rawal - Govt. Advocate for the respondent/State.
Heard on I.A.No.15444/2023, which is first application under
Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining
jail sentence on behalf of all the appellants namely Anwar, Arif and Kalu
@ Wasim.
2. Appellants stand convicted vide judgment dated 25/09/2023
passed in Special (SCST) Sessions Case No.36/2019 by Special Judge,
SC/ST Act, Neemuch (M.P.) as under:
Sr. Name of Name Conviction Sentence Fine Sentence in
No. Accused of U/s default of
Injured payment of
Person Fine
1. Anwar S/o Rajmal 294 of IPC - 500/- 07 days RI
Wasim Hussain
2. Arif S/o Kasim Rajmal 323 of IPC 01 year RI 500/- 07 days RI
Hussain
3. Kalu @ Wasim
S/o Julfikar
Same In relation to 06 months 500/- 07 days RI
accused Anwar RI
323 r/w 34,
506(Part-2) of
IPC
Same 3(1)(r) of SC/ST 01 year RI 1,000/- 01 month RI
Act
Same 3(1)(s) of SC/ST 01 year RI 1,000/- 01 month RI
Act
Same 3(2)(va) of SC/ST 01 year RI 1,000/- 01 month RI
Act
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 10/11/2023
10:27:28 AM
3. Learned counsel for the appellants submits that appellants are
innocent persons and they have been falsely implicated in this matter.
During the trial appellants were on bail and they have not misused the
liberty granted to them. Appellants have also sustained injuries in the
instant case. There are material contradictions and omissions in the
statement of the witnesses. Looking to old pendency of the cases for
consideration, final conclusion of this appeal would take sufficient long
time. There is a strong case in favour of the appellants. Hence, the
execution of the remaining part of the jail sentence of the appellants be
suspended till the final disposal of this appeal.
4. Per contra, learned counsel for the respondent / State opposes
the application for suspension of sentence and prays for its rejection by
submitting that the trial Court after due consideration of the evidence
available on record, convicted the appellants. Hence, they are not
entitled to grant benefit of suspension of sentence.
5. Considering all the facts and circumstances of the case, nature
of the allegation levelled against the appellants and also taking note of
the fact that appellants were on bail during the trial; there is no
complaint that they have misused the liberty granted to them and final
conclusion of the appeal will also take sufficient long time. In view of
the aforesaid facts and circumstances of the case, I deem it proper to
suspend the remaining custodial sentence of the appellants.
6. Accordingly, I.A.No.15444/2023 is allowed and it is directed
subject to deposit of fine amount, if not already deposited, and subject to
furnishing personal bond by the appellants in the sum of Rs.75,000/-
(Rupees Seventy Five Thousand Only) each with one solvent surety each
in the like amount to the satisfaction of learned trial Court, the execution
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 10/11/2023
10:27:28 AM
of remaining custodial part of the sentence of the appellants shall remain
suspended, till final disposal of this appeal.
7. The appellants after being enlarged on bail shall mark their
presence before the Registry of this Court on 17/01/2024 and on all such
subsequent dates, which are fixed in this behalf.
8. Let record of the trial Court be requisitioned.
Certified copy as per rules.
(ANIL VERMA)
J U D G E
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 10/11/2023
10:27:28 AM
