Madhya Pradesh High Court

Mohammad Farhaat vs The State Of Madhya Pradesh on 3 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 979 of 2019
                                            (MOHAMMAD FARHAAT Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-05-2024
                                  Shri V.R. Daniel - Advocate for the appellant.

                                  Shri Aman Pandey - Panel Lawyer for the respondent/State.

Record of the Court below is received.

Heard on the question of admission.

Admit.

Also heard on I.A. No.7561/2024, which is first application filed on behalf of the appellant-Mohammad Riyasat for suspension of sentence and grant of bail.

The appellant has been convicted by the trial Court under Section 307 of IPC and Section 25 (1-B) A of Arms Act and sentenced him to undergo R.I. for 10 years and R.I. for 3 years respectively with fine of Rs.1000/- on each offence with default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the oral and documentary evidence available on record

while convicting the appellant for the aforesaid offences. It is contended by the counsel that against sentence of 10 years under Section 307 of IPC, the appellant has suffered incarceration of more than 13 years as of now as the appellant is in jail since 03.06.2011. It is contended by the counsel that apart from Section 307 of IPC the appellant was also charged under Sections 10, 13 and 16 of Unlawful Activities (Prevention) Act, 1967, however, the trial Court did not hold the present appellant guilty for the aforesaid offences except under Section 307 of IPC and Section 25 (1-B)A of Arms Act which is evident from

perusal of paragraph 70 of the judgment. There is material contradictions and omissions in the evidence of witnesses. This appeal is of the year 2019 and final hearing of this appeal will take considerable time for its final disposal. There is fair chance to succeed in the appeal. Under these circumstances, i f the sentence of the appellant is not suspended, purpose to file this appeal will be futile. Therefore, prayer is made for suspension of execution of jail sentence and grant of bail of present appellant.

Per contra, learned counsel for the respondent opposed the prayer and submits that the appellant has been rightly convicted by the trial Court on the basis of p ro p er appreciation of oral as well as documentary evidence.

Therefore, sentence of the appellant should not be suspended.

Heard the counsel for the parties and perused the record. O n perusal of record it reflects that against sentence of 10 years under Section 307 of IPC, the appellant has suffered incarceration of more than 13 years as of now as the appellant is in jail since 03.06.2011. The appellant is aged about 40 years. This revision is of the year 2019 and final hearing of this appeal will take time.

In view of the overall facts and circumstances of the case, I find it to be a fit case to suspend the jail sentence of the appellant and to release him on bail. Therefore, without commenting on the merit of the case, the 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 appellant shall remain

suspended and he shall be released on bail for securing his presence before the

trial Court concerned on 30.07.2024 and on such other dates as may be fixed by the trial Court in that regard during pendency of this appeal.

It is made clear that if the appellant is not required in any other case, he be released forthwith subject to deposit of fine amount.

List this case for final hearing in due course.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE