Ali Asgar @ Golden vs The State Of Madhya Pradesh
2024 Latest Caselaw 6226 MP

Madhya Pradesh High Court

Ali Asgar @ Golden vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 3308 of 2014
                                     (ALI ASGAR @ GOLDEN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-02-2024
                                 Shri A.K. Chourasiya - Advocate for the appellant no.1-Ali Asgar @

                          Golden.
                                 Shri Siddharth Datt - Advocate for the appellant no.2-Anand Bharti @
                          Bholu.
                                 Shri Ajay Shukla - Government Advocate for the respondent-State of

M.P.

Shri Aryan Shukla - Advocate for the objector.

Heard on I.A. No.13677 of 2023 and I.A. No.814 of 2024 applications under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail t o appellant no.1-Ali Asgar @ Golden and appellant no.2-Anand Bharti @ Bholu arising out of judgment dated 10.11.2014 delivered in S.T. No.196 of 2013 by Ist Additional Sessions Judge, Sehore, M.P. Both the appellants have been convicted and sentenced for the offence punishable under Section 302/120-B of IPC and sentenced to undergo Life

Imprisonment with fine of Rs.5000/-, under Section 201/120-B of IPC to undergo R.I. for five years with fine of Rs.2000/- and under Section 396 of IPC to under R.I. for seven years with fine of Rs.5000/- with default stipulation.

Shri Datt, learned counsel for the appellant no.2 at the outset fairly informs that previous application of both the appellants have been dismissed on merits on 7.7.2017. By now both of them have undergone actual sentence of ten years. Final hearing of this appeal of 2014/1015 is not possible in near future. The case is based on circumstantial evidence. T hus , remaining jail

sentence of both appellants may be suspended.

Learned Government Counsel for the State and learned counsel for the objector opposed the application for suspension of remaining jail sentence of both the appellants but they did not dispute the factum of custody of both the appellants.

Considering the period of custody for more than ten years and bleak chances of final hearing in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant nos. 1 and 2.

Accordingly, I.A. No.13677 of 2023 and I.A. No.814 of 2024 are

allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant nos.1 and 2 is hereby suspended and it is directed that appellant no.1-Ali Asgar @ Golden and appellant no.2- Anand Bharti @ Bholu be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial court, Sehore o n 29th of April 2024 and also on such other dates as may be fixed by aforesaid trial court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                   JUDGE                                            JUDGE

                          bks