Madhya Pradesh High Court
Rizwan @ Rijju @ Imran vs The State Of Madhy Pradesh on 25 August, 2021
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
Cr. A. No.4457 of 2021
Rizwan @ Rijju @ Imran Vs. State of M.P.
Indore, Dated:- 25/08/2021
Shri Sachin Parmar, Counsel for the appellant - Rizwan @
Rijju @ Imran S/o Shakil Ahmed.
Shri Yashpal Rathore, Panel Lawyer for the respondent/State.
Heard on IA No.20543/2021, first application under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of jail sentence and grant of bail filed on behalf of the appellant.
The present appellant has been convicted and sentenced by Special Judge, (POCSO) Act, Ujjain (MP) in Sessions Trial No.233/2018 vide judgment dated 08.07.2021, as under: -
Conviction Sentence
Section Act RI Fine Imprisonment in
amount lieu of fine
354 IPC 1 year Rs.1,000/- 3 months RI
7&8 POCSO 3 years Rs.2,000/- 3 months RI
Act, 2012
Counsel for the appellant has submitted that the appellant was on bail during the trial and he does not misuse the liberty so granted to him. After conviction, the jail sentence of the appellant has already been suspended by the trial Court upto 05.09.2021. It is further submitted that there are fair chances of success in the appeal, there is no possibility of early disposal of this appeal in near future; and if the sentence is not suspended, then the present appeal filed by the 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.4457 of 2021 Rizwan @ Rijju @ Imran Vs. State of M.P. appellant may turn infructuous. Under these circumstances and looking to the short sentence imposed on the appellant, counsel for the appellant prays for suspension of jail sentence of the appellant and grant of bail to him.
Counsel for the respondent / State of Madhya Pradesh opposes the application by submitting that no sufficient ground is made out for releasing the appellant on bail; hence the application filed by the appellant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by the counsel for the parties, this Court is of the considered opinion that the application for suspension of custodial sentence deserves to be allowed.
Accordingly, without expressing any opinion on merits of the case, IA No.20543/2021 is allowed and it is directed that on furnishing a personal bond by the appellant in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court, for his / her regular appearance before concerned trial Court, the execution of the custodial part of the 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 3 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.4457 of 2021 Rizwan @ Rijju @ Imran Vs. State of M.P. presence before the concerned trial Court on 13.12.2021 and on all such subsequent dates, as may be fixed by the concerned Court in this regard.
Let the record of the case from the concerned trial Court be requisitioned; and list the matter on the question of admission soon thereafter.
C. c. as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.08.25 16:44:31 +05'30'