Najeem Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 17554 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 13166 of 2023
                                               (NAJEEM ALI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Ghanshyam Pandey - Advocate for the appellant.

                                 Smt. Shanti Tiwari - Panel Lawyer for the respondent/State.

Heard on admission.

Admit.

Also heard on IA No.25364/2023, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Najeem Ali.

Appellant has been convicted under Section 323 IPC and sentenced to undergo RI for 06 months with fine of Rs.1000/- with default stipulation vide judgment dated 27.09.2023 passed in S.T. No.88/2021 by First Additional Sessions Judge, Lakhnadon, District Seoni.

It is submitted by the counsel for the appellant that the appeal is of the year 2023 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case; period of incarceration and the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.25364/2023 stands allowed and it is directed that the jail sentence of appellant shall remained suspended and he be released on Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM

bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety 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.

Record of the Court below be called for.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

b

Signature Not Verified Signed by: BHARTI GADGE Signing time: 10/20/2023 10:28:33 AM