Sonu Mohhammad @ Firdos Mohhamad vs The State Of Madhya Pradesh
2023 Latest Caselaw 15373 MP

                                                                 1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRR No. 2532 of 2023
                                  (SONU MOHHAMMAD @ FIRDOS MOHHAMAD Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-09-2023
                                 Shri Neetesh Kumar Dubey - Advocate for the applicant.

                                 Shri Akhilendra Singh - Government Advocate for the respondent/State.

Heard o n I.A. No.13895 of 2023, an application under Section 397(1) of the Cr.P.C for suspension of jail sentence and grant of bail pending revision.

The applicant has been convicted for commission of offence under

Section 323 of IPC and sentenced to undergo R.I. for three months with the fine of Rs.200/- and under Section 354 of IPC and sentenced to undergo R.I. for one year with the fine of Rs.500/- with default stipulations.

Learned counsel for the applicant submits that there are a number of contradictions between testimonies of PW-1 and PW-2. PW-3, PW-4 and PW- 5 have turned hostile and they have not supported the prosecution story. There are contradictions in the testimonies of prosecutrix and Investigating Officer as to when prosecutrix's statement under Section 161 of Cr.P.C. was recorded. There is no evidence to connect the applicant with the alleged offence. Learned

Court below have wrongly convicted and sentenced the applicant. It is a case of no evidence. Applicant is in jail for about five months. Learned Court below have not considered about extending benefits of probation. In this connection, applicant placed reliance on Jitendra Sen Vs. State of M.P. i n Cr.R. No.5886 of 2018 dated 10.01.2019 and prayed for suspension of jail sentence and grant of bail to the applicant.

The prayer is opposed by learned counsel for the State. I have gone through the testimonies of PW-1, PW-2 and F.I.R. (Ex.P-1) Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 20-09-2023 12:43:56

and have also gone through the impugned judgment. Therefore, in view of above and looking to the nature of offence, this Court thinks it not proper to suspend the jail sentence of the applicant. Consequently, I.A. No.13895 of 2023 is dismissed List the case for final hearing in due course. C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE HK

Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 20-09-2023 12:43:56