Madhya Pradesh High Court
Imran Mirza vs The State Of Madhya Pradesh on 30 January, 2025
1 CRA-9562-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9562 of 2024
(IMRAN MIRZA Vs THE STATE OF MADHYA PRADESH )
Dated : 30-01-2025
Appellant by Shri Akil Ahmed Rizvi - Advocate.
Respondent - State of Madhya Pradesh by Shri Anand Bhatt -
Government Advocate appearing on behalf of Advocate General.
Complainant - objector by Shri Shiv Narayan - Advocate.
Heard on IA No.16494 of 2024 , which is an application under Section
5 of the Limitation Act, 1963 for condonation of delay.
Delay of 298 days in filing the appeal is duly explained in the
application, which is well supported by an affidavit, therefore, application is
allowed for the reasons stated therein and delay in filing the appeal is hereby
condoned.
Also heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No.13413 of 2024 , first application under Section
430 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section
389(1) of Cr.P.C.) for suspension of remaining jail sentence and grant of bail
on behalf of the appellant Imran Mirza S/o Siddique Mirza.
Vide judgment dated 29.08.2023 passed in Sessions Trial No.113 of
2021 by learned Second Additional Sessions Judge to the Court of Special
Judge (POSCO Act) and First Additional Sessions Judge, Dewas, District
2 CRA-9562-2024
Dewas (MP), the appellant stands convicted under Sections 354 and 454 of
Indian Penal Code, 1860 (IPC), under Section 7/8 of POCSO Act, 2012,
under Section 11 (i)/12 of POCSO Act, 2012 (Section 354-A (1) (i) of IPC)
and Section 506-II of IPC and sentenced to undergo 02 years RI with fine of
Rs.500/-; 01 year RI with fine of Rs.200/-; 03 years RI with fine of Rs.500/-;
01 year RI with fine of Rs.200/- and 03 years RI with fine of Rs.500/-
respectively with usual default stipulations.
Learned counsel for the appellant, while taking exception to this
impugned judgment submits that appellant is innocent and he has been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. There are material contradictions and omissions in
the statement of the witnesses. Impugned judgment suffers from surmises
and conjectures and has been passed ignoring serious infirmities and
anomalies. Learned counsel further submits that submits that the appellant
has suffered half of the jail sentence as imposed by the learned trial Court.
He is suffering jail sentence since 29.08.2023. The appeal being of the year
2024 is not likely to be heard finally in near future. There is a strong case in
favour of the appellant. Hence, under such circumstances prayer is made for
suspension of jail sentence and grant of bail.
Learned counsel appearing for the complainant - objector has not
opposed the prayer.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
3 CRA-9562-2024
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this appeal in near future is bleak and also the custody period of
the appellant, without expressing any conclusive opinion on merits, I find it
to be a fit case to suspend the remaining custodial sentence of the appellant.
Accordingly, application is allowed. Subject to deposit of fine amount,
if not already deposited the remaining jail sentence during the pendency of
the appeal is hereby suspended and it is directed that appellant be released on
bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of learned trial Court for compliance with following conditions:-
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 10.03.2025
and on such further dates as may be directed by the Trial Court;
(3) The appellant shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on his
behalf, on the date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective. The Trial Court
shall be authorized to grant exemption from attendance to the appellant on
4 CRA-9562-2024
any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2
of the M.P. High Court Rules, 2008].
Where the appellant do not appear on the date of his appearance before
the Trial Court and no sufficient cause for non-appearance is shown, the
Trial Court shall be authorized to issue non-bailable / bailable warrants to
secure his attendance under intimation to the Registry of High Court.
The Trial Court shall also proceed under Section 446 of Cr.P.C. /
Section 491 of BNSS, 2023 against such appellant and his surety without any
reference to this Court and without any impediment of the order granting
bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest / surrender in compliance with the warrant, the appellant
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, the I.A. stands allowed and disposed off.
IA No.15099 of 2024 , an application for urgent hearing also stands
disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
