Asjad @ Ajjat @ Asjat vs The State Of Madhya Pradesh
2023 Latest Caselaw 18167 MP

                                                               1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 9339 of 2023
                                          (ASJAD @ AJJAT @ ASJAT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 31-10-2023
                                Shri Gourav Shrivastava - Advocate for appellant.

                                Shri Surendra Gupta - Govt. Advocate for the respondent/State.

Heard on I.A.No.11084/2023, which is first application under Section 389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Asjad @ Ajjat @ Asjat.

Appellant stands convicted vide judgment dated 11/07/2023 passed in S.T.No.300244/2015 by III ASJ, Ratlam (M.P.) under Section 307/34 of Indian Penal Code, 1860 and Section 25(1-B)(a) of the Arms Act and has been sentenced to undergo 10 years RI with fine of Rs.500/- and 03 years RI with fine of Rs.500/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. During the trial appellant was on bail and he has not misused the liberty granted to him. He is in custody from the date of judgment of the trial Court i.e. from 11/07/2023. FIR

has been lodged against some unknown person. No fire arm has been recovered from the possession of the present appellant. Complainant Rajesh Katariya (PW-3), Vijay Katariya (PW-1), Suresh Kumar Katariya (PW-2) and Banarasilal (PW-4) all these witnesses have deposed against the co-accused Rizwan that Rizwan has fired upon the complainant Rajesh by Pistol, therefore, Rajesh sustained injury. MLC report is not positive regarding the gun shot injury. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/1/2023 11:02:25 AM

appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that the trial Court after due consideration of the evidence available on record, convicted the appellant. Hence, he is not entitled to grant benefit of suspension of sentence.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that

appellant was on bail during the trial; there is no complaint that he has misused the liberty granted to him; Pistol has been recovered from the possession of the co-accused Rizwan; including the complainant other witnesses have categorically deposed that Rizwan has fired upon the complainant; no fire arm has been recovered from the possession of the present appellant; limited allegation has been levelled against the present appellant and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.11084/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/1/2023 11:02:25 AM

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 22/01/2024 and on all such subsequent dates, which are fixed in this behalf.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/1/2023 11:02:25 AM