Mohammad Niyaz vs The State Of Madhya Pradesh
2025 Latest Caselaw 6636 MP

Madhya Pradesh High Court

Mohammad Niyaz vs The State Of Madhya Pradesh on 12 June, 2025

                                                             1                               CRA-5329-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 5329 of 2025

(MOHAMMAD NIYAZ AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 12-06-2025 Shri Asif Ahmed Khan - Advocate for the appellants.

Shri Mukesh Parwal GA for the State.

Heard on admission.

The appeal being arguable is admitted for final hearing. Record of the trail court be requisitioned.

Also heard on I.A. No. 8031/2025, which is an application for suspension of sentence and grant of bail to appellants arising out of judgment dated 15/05/2025 delivered in S.T. no.101/2018 by First Additional Sessions Judge, Dhar, District - Dhar.

The appellants have been convicted under section 323 of the I.P.C. and sentenced to undergo six months years R.I. with fine of Rs.1,000/-; under Section 324 of IPC and sentenced to two years R.I. with fine of Rs. 2000/- and section 25(1-B)(b) of the Arms Act and sentenced to undergo one years R.I with fine of Rs. 1000/- each respectively, with default stipulations.

Learned counsel for the appellants submits that sentence of the appellants have already been suspended by the trial Court till 14/06/2025. They have already spent some time in custody under trial. Final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the present appellants may be suspended.

Learned Government Advocate for the State opposed the prayer.

2 CRA-5329-2025 Considering the short sentence and bleak chance of final hearing of this appeal in near future, without expressing any conclusive opinion on the merits of the case, I deem it proper to suspend the remaining jail sentence of appellants.

Accordingly, the I.A. no. 8031/2025 is allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellants namely - Mohammad Niyaz, Nindu @ Ejaj, Ayaz, Mohammad Riyaz and Mohammad Muslim are hereby suspended and it is directed that appellants be released on bail on their furnishing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each to the satisfaction of the trial Court with a further

direction to appear before the trial Court, Dhar firstly on 18/08/2025 and also on such further dates as may be fixed by the concerned trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

(VIVEK JAIN) V. JUDGE

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