Afaaq Khan @ Mohd. Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 17617 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         CRA No. 9869 of 2023
                                          (AFAAQ KHAN @ MOHD. ALI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 20-10-2023
                                 Shri Shashank Trivedi - Advocate for appellant.

                                 Smt. Ranjana        Agnihotri - Deputy Government Advocate for
                           respondent/State.

Record of the Court below is available. Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A. No.18937/2023, an application under Section 5 of Limitation Act for condonation of delay.

For the reasons stated in the application, I.A. No.18937/2023 stands allowed and disposed of. Delay in filing the appeal is hereby condoned.

Also heard on I.A No.18590/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under

Section 399 of IPC and sentenced to undergo R.I. for 5 years with a fine of Rs.500/-, Section 400 of IPC and sentenced to undergo R.I. for 5 years with a fine of Rs.500/- and Section 402 of IPC and sentenced to undergo R.I. for 3 years with a fine of Rs.500/-, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence. Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/20/2023 7:23:02 PM

The maximum jail sentence of appellant is five years. The appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned respective counsel for the parties and perused the judgment and record of the court below.

In this application for suspension of sentence, counsel for appellant has

argued on the point of parity. For this, he has relied upon the order dated 27.06.2023 passed in Cr.A. No.6315/2023.

Looking to the facts and circumstances of the case, principle of parity is applicable here. Therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.12.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. stands allowed and disposed of. List this case for final hearing in due course.

(ANURADHA SHUKLA) Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/20/2023 7:23:02 PM

JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/20/2023 7:23:02 PM