Madhya Pradesh High Court
Abdul Latif vs The State Of Madhya Pradesh on 1 November, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9480 of 2022
(ABDUL LATIF AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 01-11-2022
Shri Ashutosh Upadhya, learned counsel for the appellants.
Shri Sumesh Gupta, learned Panel Lawyer for the respondent/State.
Call for the trial Court record.
Heard on I.A.No.19668/2022, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellants pending the appeal.
T he appellants have been convicted for commission of offence under Section 471 and has been sentenced to undergo R.I. for 2 years and fine of Rs. 1000/-, Section 473 of IPC and has been sentenced to R.I. for 3 years and fine of Rs. 1000/-, Section 9 of Govansh Vadh Pratishedh Adhiniyam and has been sentenced to R.I. for 3 years and fine of Rs. 5000/- and Section 66/192 (A) of Motor Vehicle Act and has been sentenced to fine of Rs. 5000/- with default stipulation by the learned third Additional Sessions Judge, Seoni vide judgment dated 22.09.2022 passed in ST No. 20/2017 (State of MP Vs. Abdul Latif and another).
Learned counsel for the appellants has submitted that appellants have not committed any offence. They have been falsely implicated. Learned trial Court has not properly appreciated the evidence of prosecution witnesses as there are lot of omissions and contradictions in their evidence even then learned trial Court has convicted the appellants. Appellants have been released on bail till 09.11.2022 by the trial Court. During trial, they were on bail and they have not misused the liberty granted to them by way of bail. Learned counsel further 2 submitted that they have fair chances to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.
On the other hand, learned P.L. for the respondent/State has opposed the prayer for grant of bail to the appellant.
Considering the short nature of sentence and contention of learned counsel for the appellants, I deem it proper to suspend the remaining jail sentence of the appellants because final hearing of this appeal is not possible in near future.
Consequently, I.A.No.19668/2022 is allowed. The execution of jail sentence of appellants-Abdul Latif and Abdul Vahid is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellants be released on bail on their furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court on 25.01.2023 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.
Also heard on I.A. No. 20435/2022, an application for taking documents on record.
On due consideration, I.A. No. 20435/2022 is allowed and the documents are taken on record.
List the case for argument on admission after receipt of the record. Certified copy as per rules.
3(DINESH KUMAR PALIWAL) JUDGE L.R. Digitally signed by LALIT SINGH RANA Date: 2022.11.02 13:46:10 +05'30'