Noushad vs The State Of M.P.
2024 Latest Caselaw 21483 MP

Madhya Pradesh High Court

Noushad vs The State Of M.P. on 7 August, 2024

Author: Prakash Chandra Gupta

Bench: Prakash Chandra Gupta

                                                            1                           CRA-9021-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                    CRA No. 9021 of 2024
                                                   (NOUSHAD Vs THE STATE OF M.P. )



                         Dated : 07-08-2024
                               Shri Manish Manana - Advocate for the appellant.

                               Shri V.S. Panwar - Govt. Advocate for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.12617/2024, which is first application for suspension of sentence and grant of bail filed under Section 430 of BNSS on behalf of appellant - Noushad Khan.

2. The trial Court has convicted of the appellant under Section 325 of I.P.C. and sentenced him to undergo RI for 02 years with fine of Rs.2,000/- with default stipulations vide judgment of conviction and order of sentence dated 28.06.2024 passed by Special Judge, SC/ST (Prevention of Atrocities), Act, Ujjain in S.C. No.101/2017.

3. Learned counsel for the appellant submits that appellant is innocent and has falsely been implicated in the matter and his jail sentence has already been suspended by the trial Court till 27.08.2024. Appellant is on bail during trial. There is no likelihood of hearing of this appeal in near future. Hence, he prays that application for suspension of jail sentence be allowed.

4. Learned Govt. Advocate for the respondent/State, on the other hand,

2 CRA-9021-2024 has opposed the prayer and prayed for its rejection.

5. Looking to the short term of sentence and considering other facts and circumstances of the case, this Court is of the considered view that it is a fit case to grant suspension of jail sentence and grant of bail to the appellant. Hence, without expressing any opinion on merits of the case, I.A. No.12617/2024 is allowed and jail sentence of the appellant shall remain suspended.

6. It is directed that subject to deposit the fine amount, if already not deposited, he shall be released on bail, on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent

surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 09.09.2024 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

7. Let record of the trial Court be called.

List the matter for final hearing in due course.

Certified copy, as per rules.

(PRAKASH CHANDRA GUPTA) JUDGE

Shruti