Madhya Pradesh High Court
Firoz Ansari vs The State Of Madhya Pradesh on 21 March, 2025
Author: Anuradha Shukla
Bench: Anuradha Shukla
1 CRA-9839-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9839 of 2023
(FIROZ ANSARI Vs THE STATE OF MADHYA PRADESH )
Dated : 21-03-2025
Smt. Archana Tiwari - Advocate for appellant.
Shri Ajeet Rawat - Govt. Advocate for respondent/State.
Heard on I.A No.25273/2024 , which is the first application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail moved on behalf of
appellant - Firoz Ansari .
The appellant has been convicted under Sections 376(2)(n) of IPC and
sentenced to undergo R.I. for 10 years with fine of Rs.1,000/- and Section 376(2)
(f) of IPC but and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/-
respectively, with default stipulations vide judgment of conviction and order of
sentence dated 24.01.2023 passed by First Additional Session Judge to the Court
of 2nd Additional Sessions Judge, Mandala, in S.T. No.76/2021.
This first application for seeking suspension of sentence has been argued on
the ground that prosecutrix is the mother-in-law of appellant and there was a
dispute between the two about the custody of children of appellant. It is claimed
that appellant was seeking custody of his children as he wanted to take them to
Nagpur, but prosecutrix was resisting this proposal and inspired by her wish to
keep the custody of children, she lodged a false report against the appellant. It is
further submitted that on the date of incident itself the FIR was lodged, still FSL
received in the case is negative. It is also argued that no independent witness has
corroborated the prosecution case. A prayer has, therefore, been made to allow the
application for suspension of sentence.
2 CRA-9839-2023
Learned counsel for the State has opposed the prayer for grant of bail on the
ground that act of appellant was serious in nature and prosecutrix has been
corroborated in her statement by her grandson. A request, has, therefore, been
made to dismiss the application.
Learned counsel for both the parties have been heard and the record has
been perused.
Having heard the arguments and on perusal of the record, this Court is of
the considered opinion that till disposal of this appeal, execution of jail sentences
awarded to the appellant under the impugned judgment deserves to be suspended.
Therefore, without commenting on the merit of the case, this application is
allowed.
It 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
Registry of this Court on 02.07.2025 and on such other dates as may be fixed by
the Registry in this regard during pendency of this appeal.
Accordingly, the aforesaid I.A. stands allowed and disposed of .
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
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