Fahim @ Faheem vs The State Of Madhya Pradesh
2023 Latest Caselaw 16922 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 8576 of 2023
                                             (FAHIM @ FAHEEM Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri Ashish Gupta, learned counsel for the appellant.

                                 Shri H.S.Rathore, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.9918/2023, which is an application filed under Section 389(1) of the Criminal Procedure Code, 1973 for suspension of sentence on behalf of appellant.

2. Appellant has been convicted under Sections 304-B & 306 of the IPC and sentenced to undergo 07 years R.I., 05 years R.I. with fine for Rs.2,000/- respectively and usual default stipulations.

3 . Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated. He also submitted that appellant is in jail since 30.06.2023 from the date of judgment and earlier also he was in jail for approximately 03 months. The father of the deceased and father of the appellant has come with two minor children of the appellant are present in the Court. The deceased died on 30.08.2019 but the appellant has till date gone for remarriage

with another lady for the sake of his two minor children hence, the evidence available in this case are contradictory and not appreciated in proper perspective. Final hearing of this appeal is likely to take sufficient long time. Under these circumstances, learned counsel prays that the application for suspension of sentence of the appellant be allowed.

4. The father of the deceased Kalu Khan appeared and submitted that he has no objection against the application for grant of suspension as the appellant

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 10/12/2023 10:43:41 AM

has promised not to remarry any other women in future for the sake of his two minor children. The father of the deceased Mohd. Rafiq is also present in the Court he has also stated that the appellant is not ready for remarriage and hence, has no objection for grant of suspension to the applicant.

5. Learned counsel for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

6. Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, and the fact that the appellant has already suffered more than 06 months in jail and also considering the fact that the appeal will take considerable long time, without commenting on the merits of the

case, the application is allowed.

7. It is directed that subject to depositing the fine amount, if already not deposited, the appellant shall be released on bail, on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 20.12.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

8. Accordingly, IA No.9918/2023 stands allowed and disposed of.

(PREM NARAYAN SINGH) JUDGE

akanksha

Signature Not Verified Signed by: AKANKSHA LAHORIYA Signing time: 10/12/2023 10:43:41 AM