Said Ali vs The State Of Madhya Pradesh
2023 Latest Caselaw 17844 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 10724 of 2022 (SAID ALI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 26-10-2023 Shri Narendra Nikhare - Advocate for the appellant.

Shri Shahrukh Riyaz - Panel Lawyer for the State.

Heard on IA No.17857/2023 which is second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant-Saeed Ali. First application has been dismissed as withdrawn vide

order dated 30.01.2023.

Applicant has been convicted under Section 354 of IPC and sentenced to undergo RI for 05 years with fine of Rs.8000/- and Section 9(m)/10 of POCSO Act and sentenced to undergo RI for 05 years with fine Rs.8000/- with default stipulation vide judgment dated 31.10.2022 passed in SC No.862/2021 by Special Judge POCSO/Eighteenth Additional Sessions Judge, District Bhopal.

It is submitted by the counsel for the appellant that the appellant is in jail for about a year. It is further submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final hearing. Under such

circumstances, sentenced 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 2022 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.17857/2023 stands allowed and it is directed that the Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/27/2023 10:37:04 AM

jail sentence of appellant shall remained suspended and he be released on 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 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/27/2023 10:37:04 AM