Madhya Pradesh High Court

Javed vs The State Of Madhya Pradesh on 1 May, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1                                 CRA-4175-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR

                                                      CRA No. 4175 of 2025
                                           (JAVED AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-05-2025
                                 Shri Mahendra Choubey - Advocate for the appellants.
                                 Smt Samta Jain - Government Advocate for the respondent/State.

Call for the trial Court record.

Heard on I.A.No.9707/2025 - first application under Section 430 (1) of

BNSS, 2023/389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellants pending the appeal.

Appellants have been convicted for commission of offences under Sections 324 and 326/34 of IPC and have been sentenced to suffer R.I. for three years with fine of Rs.2000/- each and under Section 323/34 (three counts) for causing injuries to Asad, Saikulhaq and Saleem and sentenced to suffer R.I. for six months (on each count) with fine of Rs.1000/- each count vide judgment dated 20.03.2025 passed in S.T. No.453/2023 ( State of M.P. Vs. Javeed and others) by Seventh Additional Sessions Judge, Sagar (M.P.).

Learned counsel for the appellants have submitted that appellants have been erroneously convicted by the learned trial Court. They have been released on bail by the trial Court till 05.05.2025. They have fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

2 CRA-4175-2025 On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellants.

Having taken into consideration the short nature of sentence and other material available on record, I deem it proper to suspend the remaining jail sentence of the appellants, pending the appeal.

Consequently, I.A.No.9707/2025 is allowed. The execution of jail sentence of appellants, namely, Javed, Waseem, Naeem and Haleem is hereby suspended subject to depositing the fine amount, if not already deposited. It is directed that the appellants be released on bail on their furnishing a personal bond to 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 on 01.09.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List for hearing on admission after receipt of the record. Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE