Madhya Pradesh High Court
Niyaz @ Najju Ahmed vs The State Of Madhya Pradesh on 28 May, 2018
THE HIGH COURT OF MADHYA PRADESH
CRA-4003-2018
(NIYAZ @ NAJJU AHMED Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 28-05-2018
Shri U.K. Tripathi, learned counsel for the appellant.
Shri Vivek Mishra, learned Government Advocate for the
respondent-State.
Admit.
sh Call for the record.
e Heard on I.A. No.8779/2018, which is an application u/S. 389(1) ad of Cr.P.C. for suspension of the custodial sentence passed against appellant.
Pr This appeal has been preferred against the judgment dated a hy 15/05/2018 passed by Fifth Additional Sessions Judge, Satna, in S.T.No.373/2017, whereby learned Sessions Judge found the appellant ad guilty for the offences punishable under Sections 379 of IPC and M sentenced him to undergo R.I. for two years with fine of Rs.1,000/-, with default stipulation.
of Learned counsel for the appellant submitted that the trial Court rt has already suspended the jail sentence of the appellant till ou 15/06/2018. The trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. C There are several omissions and contradictions in the evidence h adduced by the prosecution. Hence, prayed for suspension of the jail ig sentence and release of the appellant on bail since the hearing of this H appeal would likely to take long time.
On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant is proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.
After hearing learned counsel for the parties and considering the facts and circumstances of the case, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant shall remain suspended during the pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 30/08/2018 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.
List the matter for final hearing in due course. C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY) sh V. JUDGE e ad ac/- Pr a hy Digitally signed by ANIL CHOUDHARY ad Date: 2018.05.29 11:27:30 +05'30' M of rt ou C h ig H