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Sehjad Shah vs The State Of Madhya Pradesh on 23 January, 2019

HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Cr.A. No.554/2019
-1-

Indore, Dt.23.01.2019
Shri Ashish Gupta, counsel for the appellant.
Shri Pankaj Wadhwani, learned P.P. for the
respondent/State.

Heard.

Admit.

Let record of the trial court be requisitioned.
Also heard learned counsel for the parties on I.A.
No.497/2019, an application under Section 389(1) of the Code of
Criminal Procedure for suspension of custodial sentence of sole
appellant-Shehjad Khan.

Appellant has been found guilty under the aforesaid
offence :-

section Imprisonment Fine Default sentence

3(2)(V) of SC 2 years RI Rs.1000/- 2 months S.I.
ST (PA) Act
including sec.354
IPC

509 IPC 1 year RI Rs.500/- One month S.I.

3(1)b(i) of SC 2 years RI Rs.1,000/- 2 months S.I.
ST (PA) Act

Learned counsel for the appellant submits that appellant
was on bail during the trial and he has not misused the liberty
granted to him. It is further submitted that trial Court has
recorded conviction without properly appreciating the evidence
on record and that material omissions, contradictions and
anomalies present in the prosecution evidence have been
overlooked. The jail sentence of the appellant has been
suspended till 30.01.2019 by the trial court itself. There are fair
chances of success in this Appeal. Hearing of the Appeal is likely
to take long time and appellant cannot be kept in custody
unnecessarily, otherwise the Appeal filed by him may turn
infructuous, in these circumstances counsel prays for suspension
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Cr.A. No.554/2019
-1-

of sentence and release of the appellant on bail.

On the other hand, learned counsel for the State opposes the
application, submitting that no sufficient ground is made out for
releasing the appellant on bail, hence the application filed by the
appellant be dismissed.

Considering the fact that appellant was on bail during the
course of trial and he has not misused the liberty, the jail sentence
has been suspended till 30.01.2019 and hearing of this Appeal is
likely to take considerable time, this Court is of the considered
opinion that the application for suspension of custodial sentence
deserves to be allowed.

Accordingly, I.A. No. 497/2019 is allowed and it is directed
that on depositing the fine amount(if not already deposited) and on
furnishing personal bond by the appellant in the sum of
Rs.50,000/- (Rupees Fifty Thousand) with a solvent surety in the
like amount to the satisfaction of the learned trial Court, for his
regular appearance before this Court, the execution of custodial
part of the sentence imposed against the appellant shall remain
suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his
presence before the Registry of this Court on 10/12/2019 and on
all such subsequent dates, which are fixed in this regard by the
registry.

Certified copy as per rules.

(Vandana Kasrekar)
Judge
mk

MUKTA
KAUSHAL
2019.01.23
17:21:18

-08’00’
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Cr.A. No.554/2019
-1-

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