Madhya Pradesh High Court
Adil vs The State Of Madhya Pradesh on 28 August, 2015
Criminal Appeal No.2639/2014 & 3054/2014
28.08.2015
CRIMINAL APPEAL NO.3054/2014:
Shri Ahadulla Usmani, Advocate for the appellant.
Shri A.A. Barnad, Govt. Advocate for the
respondent-State.
I.A. No.6935/2015 - for suspension of sentence of applicant- Adil.
Heard counsel for the parties.
This is first bail application filed by applicant No.2
- Adil S/o Usman Ali. He has been convicted for offence punishable under Sections 376/115, 323 and 498-A of IPC. The maximum sentence awarded by the trial Court is 7 years imprisonment for offence under Section 376/115 of IPC.
However, we find force in the submission of the counsel for the applicant that the trial Court having found that offence of Section 376 IPC has not been proved, the question of convicting the co-accused on the charge of abetment of that offence, does not arise. Thus understood, the opinion recorded by the trial Court against the applicant with regard to offence under Section 376/115 of IPC must fail. That would leave us with the applicant having been punished for offence under Section 498-A and 323 of I.P.C. The maximum punishment awarded by the trial Court for the said offence is 3 years. Out of 3 years, the applicant has already remained in jail for 61 days during the trial and again after conviction, for a period of 1 year and 2 months. The applicant was on bail during the trial. There is nothing on record to point out that the applicant has misused the bail so granted.
Since the appeal of original accused no.2 will have to be heard along with appeals of other accused and which may take some time, as the appeals have been instituted only recently in 2014, in the interest of justice, we allow the application for suspension of sentence and grant of bail (I.A. No.6935/2015) by directing the release of the applicant - Adil S/o Usman Ali on condition that he shall report to the Registry firstly on 02.11.2015 and thereafter on such other dates as may be directed by the Registry from time to time till disposal of the appeal. The applicant will deposit his passport, if available, with the trial Court, else file affidavit in this Court declaring that the applicant does not have any passport of any country. This compliance will be condition precedent for release on bail. The applicant shall also abide by other conditions as may be imposed by this Court from time to time. The applicant
- Adil S/o Usman Ali be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two local sureties for the like amount to the satisfaction of the concerned Trial Court. The appellant shall deposit fine amount in the Trial Court which is condition precedent for grant of bail.
I.A. No.6935/2015 stands disposed of accordingly. Certified copy as per rules.
(A.M. Khanwilkar) (C.V. Sirpurkar)
Chief Justice Judge
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