Gulsher Mohammad And Others vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard on the question of admission.

The criminal appeal is admitted for final hearing.

Also, heard on I.A. No.5948/2024, which is first application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C. on behalf of appellant-Gulsher Mohammad and appellant no.2 Sultana.

The trial Court has convicted the appellants under Section 120(B) of the I.P.C. and sentenced to undergo 3 years R.I. with fine of Rs.500/-each and under section 366 of the IPC and sentenced to undergo 3 years R.I. with fine of Rs.500 each and under section 368 of the IPC and sentenced to undergo 3 years R.I. with fine of Rs.500 each with default stipulation respectively, vide judgment of conviction and order of sentence dated 27.02.2024 passed by the Special Judge, S.C./S.T. (P.A.) Act, Jawad District Neemuch in Special Case No.1/2020.

5 . Learned counsel for the appellants submits that short sentence of 3 years has been involved in this case. The trial Court itself suspended the jail sentence of the appellants till 27.04.2024. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining jail sentence of the appellants may be suspended and they may be released on bail.

Learned counsel for the respondent/State has opposed the prayer of the appellants and prayed for its rejection.

I have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and coupled with the fact that the final hearing of this appeal is not possible in near future, without expressing any opinion on merits of the case, the application I.A. No.5948/2024 is allowed and the jail sentence of the appellants shall remain suspended.

It is directed that subject to depositing the fine amount, if already not deposited, appellant- Gulsher Mohammad and appellant -Sultana shall be released on bail, upon their furnishing personal bond in the sum of Rs.50,000/-(Rupees Twenty Five Thousand Only) each along with separate sureties each in the like amount to the satisfaction of trial Court, for their appearance before the Registry of this Court firstly on 27.05.2024, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Record of the court below be requisitioned.

List in due course.

Certified copy as per rules.