[Cites 3, Cited by 0]
Madhya Pradesh High Court
Md. Mosur @ Sheikh vs The State Of Madhya Pradesh on 4 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:63472
1 CRA-1750-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 4 th OF DECEMBER, 2025
CRIMINAL APPEAL No. 1750 of 2024
MD. MOSUR @ SHEIKH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Brajesh Kumar Rajak - Advocate for the appellants.
Shri Dayaram Vishwakarma - Govt. Advocate for respondent/ State.
ORDER
With the consent of parties, appeal is heard finally.
By the present appeal filed under Section 374(2) of the
Code of Criminal Procedure, 1973, the appellants have challenged
the judgment of conviction and order of sentence passed by 6th
Additional Sessions Judge, Jabalpur, District Jabalpur, in ST
No.418/2023 whereby the appellants have been convicted under
Section 14(B) of the Foreigners Act and sentenced to undergo 04-
04 years RI and fine of Rs.10,000/- each with default stipulations.
2. As per prosecution story, on 05.4.2023, on receiving secret
information by the informant that two foreigner persons who are
standing beside Maharishi School belongs to Bangladesh. On
inquiry both the appellants informed that their residence is at
Bangladesh. They were not having valid documents like Visa and
NEUTRAL CITATION NO. 2025:MPHC-JBP:63472
2 CRA-1750-2024
passport. They were arrested. FIR was registered bearing Crime
No.235/2023.
3. After completion of investigation, charge sheet was filed in
the Court of Judicial Magistrate First Class, Jabalpur, which, on its
turn, committed the case to the Court of Sessions where the accused
appellants were tried.
4. The learned Trial Judge on the basis of the averments made
against the accused in the charge sheet framed charge punishable
under Section 14-B of Foreigners Act. The appellants abjured their
guilt. He took the plea that they have been falsely implicated in the
matter and they claimed to be tried.
5. The prosecution, in order to bring home the charges has
examined as many as 06 witnesses, which are Sujeet Tripathi (PW-
1), Akbar Qureshi (PW-2), Ganesh Bari (PW-3), Ratnesh Rai (PW-
4), Deepak Mishra (PW-5), Shivkumar Vishwkarma (PW-6) and
placed Ex.P/1 to P/10 the documents on record. In their defence,
accused/appellants have not examined any witness.
6. The learned Trial Court after appreciating and marshalling the
evidence came to hold that the allegations levelled against the
accused are found to be proved and eventually convicted the
accused/appellants for the commission of offence under
Section 14-B of Foreigners Act and sentenced them to undergo R.I.
for 04 years and fine of Rs.10000/- each with default
stipulations. Hence, this appeal.
7. The submission of learned counsel for the appellant is that the
NEUTRAL CITATION NO. 2025:MPHC-JBP:63472
3 CRA-1750-2024
present appellants have completed more than half of the jail
sentence. It is further submitted by learned counsel that he is not
challenging the conviction under this section but pressing the
appeal only on the ground of reduction of sentence. It is prayed
by learned counsel for the appellants that the conviction and
sentence under Section 14-B of Foreigners Act be set aside and the
sentence awarded by the learned Trial Court under Section 14-B of
Foreigners Act be reduced to the period already undergone by the
appellants. It is submitted that as per the custody report dated
03.12.2025, the appellants have already served out more than 02
years and 07 months and 08 days incarceration so far. In view of
the above, it is prayed that appellants' jail sentence may be
reduced/modified to the extent of period already undergone by
them as no fruitful purpose would get served by sending them
behind the bars again.
8. Per contra, learned Government Advocate submitted that the
findings of learned trial Court does not call for any interference.
However, Court is at liberty to consider the matter on the point of
sentence.
9. I have heard learned counsel for the parties and perused
impugned judgment and record of the Trial Court.
10. On appreciation of the evidence on record, I do not find
any infirmity or illegality in findings of conviction recorded by
the Trial Court. Therefore, findings of appellants conviction for
NEUTRAL CITATION NO. 2025:MPHC-JBP:63472
4 CRA-1750-2024
the alleged offence under Section 14-B of Foreigners Act are
upheld.
11. However, looking to the facts that the one of the appellant is
lady of 23 years of age, the offence is related to the year 2023 and
the appellants fully supported the Court during trial and appellants
remained in custody for 02 years 07 months and 26 days coupled
with the fact that the appellants are not involved in any other case
the substantive sentence awarded to the appellants is modified to
the period already undergone by them while keeping the sentence
of fine as intact. The prosecution has not brought any past criminal
antecedents of the appellants on record and there is 02 years
minimum sentence has been prescribed under Section 14-B of
Foreigners Act, I deem it proper to reduce the jail sentence of the
appellants to the extent of the period which they have already
undergone and accordingly, the jail sentence is reduced to the
period already undergone (02 years 07 months 26 days) by them
and the sentence of fine amount is maintained.
12. Appellants are in jail. They be released in this case forthwith.
However, it is clarified that if fine amount as imposed by the Trial
Court for the offence under Section 14-B of the Foreigners Act, not
already deposited, the same be deposited within a period of 30 days
from the date of release of the appellant/accused from the jail,
failing which they would surrender themselves to serve the entire
jail sentence as awarded by the learned trial Court with default
stipulations.
NEUTRAL CITATION NO. 2025:MPHC-JBP:63472
5 CRA-1750-2024
13. Further, the FRRO is directed to take steps for deportation of
the accused appellants herein to Bangladesh to their native land on
the expiry of the 30 days from the date of this
judgment. Accordingly, the appeal is partly allowed.
14. Learned trial Court as well as FRRO are directed to ensure the
aforesaid compliance.
15. Let record of the Trial Court along with copy of this order be
sent to the concerned Trial Court for information and necessary
compliance.
(RAJENDRA KUMAR VANI)
JUDGE
mrs. mishra
