Madhya Pradesh High Court
Abdul Rasid @ Lula vs The State Of Madhya Pradesh on 31 May, 2018
THE HIGH COURT OF MADHYA PRADESH
Cr.A. No.3222/2018
(Abdul Rasid @ Lula Vs. State of M.P.)
Indore, Dated:31/05/2018
Shri Sanjay Sharma, learned counsel for the appellant.
Shri R.R. Maheshwari, learned Govt. Advocate for the
respondent/State .
Heard learned counsel for the parties on I.A. Nos. 4145/2018 and 4146/2018, which are the applications for urgent hearing and hearing during summer vacation respectively.
On due consideration IA Nos. 4145/2018 and 4146/2018 are allowed.
Further heard learned counsel for the parties on IA No. 2934/2018-an application under Section 389(1) of the Code of Procedure for suspension of jail sentence and for grant of bail filed on behalf of the appellant - Abdul Rasid @ Lula.
Appellant - Abdul Rasid @ Lula has been found guilty for offence under Section 384 of the IPC and has been sentenced to undergo R.I. for 3 years and to pay fine of Rs. 50,000/- with default stipulation.
It is submitted by the learned counsel for the appellant that the appellant was on bail during trial and he has not misused the liberty so granted to him. It is also submitted that the trial court has recorded the conviction without properly appreciating the evidence on record and that material omissions and contradistinctions present in the prosecution evidence have been overlooked. Lastly, it is submitted that the appeal is likely to take sufficient time in its final disposal and if the custodial sentence is not suspended, then the appeal shall be rendered infructuous.
Learned Public Prosecutor prays for rejection of the application. Considering the submissions made on behalf of the parties and facts and circumstances of the case, it would be appropriate to suspend the jail sentence of the appellant-Abdul Rasid @ Lula.
Accordingly, I.A. No. 2934/2018 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant-Abdul Rasid @ Lula in the sum of Rs.60,000/- (Rupees Sixty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his regular appearance before this Court, the execution of custodial part of the remaining sentence imposed against the appellant shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his presence before the Registry of this Court on 07/08/2018 and on all such subsequent dates, which are fixed in this regard by the registry.
List in due course.
(S.K. Awasthi) Vacation Judge skt Digitally signed by Santosh Kumar Tiwari Date: 2018.06.01 11:03:47 +05'30'