Raheesh Mohammad vs The State Of Madhya Pradesh
2023 Latest Caselaw 18185 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 2619 of 2023 (RAHEESH MOHAMMAD Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2023 Mr. B.J. Chourasiya - Advocate for the applicant.

Ms. Juveriya Khan - Advocate for the objector.

Heard on I.A. No.22021/2023, which is the repeat (second) application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 411 of

IPC and sentenced to undergo R.I. for 02 years with fine of Rs.500/-, with default stipulations.

Learned counsel for the applicant has submitted that the trial Court has n o t properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is of two years. The applicant is in custody and disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

This repeat application for suspension of sentence has been argued on

the ground that complainant Raghvendra Asati has no objection in allowing this application. Complainant Raghvendra Asati is represented through his counsel who has stated that complainant is not objecting if this application for suspension of sentence is allowed.

Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 11/1/2023 3:33:23 PM

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 surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 03.01.2024 and on such other dates as may be fixed in this regard. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE sjk

Signature Not Verified Signed by: SHARAN JEET KAUR Signing time: 11/1/2023 3:33:23 PM