Madhya Pradesh High Court
Mohd. Irfan @ Bhaiya Musalman vs The State Of Madhya Pradesh on 15 March, 2021
Author: Mohammed Fahim Anwar
Bench: Mohammed Fahim Anwar
1 CRA-1419-2021
The High Court Of Madhya Pradesh
CRA-1419-2021
(MOHD. IRFAN @ BHAIYA MUSALMAN Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 15-03-2021
Shri Vikas Mishra, learned counsel for the appellants.
Heard on admission.
The appeal seems to be arguable, hence admitted for final hearing.
Shri R.N. Yadav, learned Panel Lawyer appears and accepts notice on
behalf of the respondent/State, hence, no notice is required to be issued.
Record of the trial Court be requisitioned.
Also heard on I.A.No.3441/2021 filed by the appellants/ accused under section 389 (1) of Cr.P.C. for suspension of their jail sentence and grant of bail.
T he appellants have been convicted under Sections 323 of IPC and Section 3 (1) (10) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 and sentenced to undergo rigorous imprisonment for six months with fine of Rs.1,000/- each and rigorous imprisonment for one year with fine of Rs.1,500/- each respectively, with default stipulations.
It is submitted that the finding of the trial Court is contrary to law. The disposal of the appeal will take time. There is a fair chance to succeed in the appeal. It is further submitted that the appellants were on bail during trial and their jail sentences have temporarily been suspended by the trial Court till 27.03.2021. In the circumstances, if the appellants' jail sentence is not suspended, their right to appeal will be futile. In view of the aforesaid, it is prayed that the jail sentence of the appellants be suspended and they be enlarged on bail.
Learned counsel for the respondent/State has opposed the application and prayed for its rejection.
I n the circumstances, it is ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellants Signature Not Verified SAN shall remain suspended till further orders and they be released on bail on their Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.03.15 18:04:33 IST 2 CRA-1419-2021 furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one surety each in the like amount to the satisfaction of the trial Court for their further appearance before the C.J.M. Satna on 11.05.2021 and thereafter on all the subsequent dates as may be fixed in this regard.
I.A. No.3441/2021 stands disposed of.
List the matter for final hearing in due course. Certified copy as per rules.
(MOHD. FAHIM ANWAR) JUDGE taj Signature Not Verified SAN Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2021.03.15 18:04:33 IST