Madhya Pradesh High Court
Abdul Rais vs The State Of Madhya Pradesh on 11 May, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6331 of 2023
(ABDUL RAIS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-05-2023
Shri M. S. Chouhan, learned counsel for the appellant.
Shri Hemant Sharma, learned Govt. Advocate for the respondent/State.
Heard on I.A. No.6711/2023, an application under Section 5 of Limitation Act.
As per Office report the appeal is filed within the limitation. Accordingly, I.A. No.6711/2023 stands disposed of as being rendered infructuous.
Heard on I.A. No.6743/2023, an application for dispensing with filing of certified copy of trial Court order.
On perusal of record it is found that the certified copy of the trial Court order has been filed in the connected appeal, therefore, I.A. No.6743/2023 stands allowed and the appellant is dispensed off with filing of the certified copy of trial Court order.
Heard on the question of admission.
Appeal is admitted for final hearing.
Record has been received.
Also heard on I.A.No.6745/2023, an application under Section 389 of Cr.P.C filed on behalf of appellant Abdul Rais for suspension of remaining jail sentence and grant of bail.
Appellant stands convicted for offence under Sections 326/34 of IPC, 1860, sentenced to undergo 5 years RI and fine of Rs.10,000/-with usual default stipulation.
Signature Not Verified Signed by: SUMATHI Signing time: 5/11/2023 4:55:51 PM 2Learned counsel for the appellant submits that appellant has already suffered jail incarceration for more than 1 and 1/2 years. No deadly weapon has been used in the incident. A wooden stick has been recovered from the possession of the appellant. The victim sustained fracture on the fourth finger of his left hand. There is strong case in favour of appellant. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. Hence, he prays that the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.
P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.
Considering the submissions made by learned counsel for the parties and on perusal of record it appears that the appellant is suffering from paralysis from the year 2011 and also taking note of the fact that the victim has sustained simple injury of fracture in fourth finger of his left hand and no deadly weapon was used in the incident, the appellant is in jail since 27.03.2023 and final conclusion of the appeal will take sufficient long time, I deem it proper to suspend the remaining custodial sentence of the appellant.
Accordingly, I.A.No. 6745/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.
The appellant after being enlarged on bail shall mark his presence before Signature Not Verified the Registry of this Court on 01/11/2023 and on all such subsequent dates, Signed by: SUMATHI Signing time: 5/11/2023 4:55:51 PM 3 which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.
(ANIL VERMA) JUDGE sumathi Signature Not Verified Signed by: SUMATHI Signing time: 5/11/2023 4:55:51 PM