Ashik Ali vs State Of Madhya Pradesh
2023 Latest Caselaw 17903 MP

                                     1
                IN THE HIGH COURT OF MADHYA PRADESH
                             AT JABALPUR
                               CRA No. 6494 of 2023
                   (ASHIK ALI Vs STATE OF MADHYA PRADESH AND OTHERS)

Dated : 27-10-2023
       Shri Vijay K. Pandey - Advocate for the appellant.

       Ms. Shipra Gupta - Panel Lawyer for respondent no.1-State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Also heard on I.A No.10622/2023, which is first application under

Section 389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of appellant.

The appellant has been convicted for the offences punishable under Sections 354-B and 342 of IPC and sentenced to undergo R.I. for 5 years and R.I. for 6 months with fine of Rs.3,000/- and Rs.500/- respectively, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. The learned trial Court has erred in not appreciating the fact that there are material omissions and contradictions in

the versions of the prosecution witnesses. The appellant is in custody. There is no likelihood of hearing of appeal in near future. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsel for the State opposes the application and prays for its rejection.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this appeal, execution of jail sentence awarded to the appellant under the impugned judgment deserves to be

suspended. Therefore, without commenting on the merits of the case, this application is allowed.

It is directed that subject to deposit of fine amount, if already not deposited and on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till final disposal of this appeal. The appellant, after being enlarged on bail, shall mark his presence before the concerned trial Court on 22.12.2023 and on all

such subsequent dates, which are fixed in this regard by the concerned trial Court.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.10.28 10:13:08 +05'30' Adobe Reader version: 11.0.8