High CourtsDivision Bench

Shabbir vs State Of M.P

Madhya Pradesh High Court · Decided on 24 November 2021 · Citation: (2021) 11 MP CK 0083

HON’BLE JUDGES
Sujoy Paul, J · Pranay Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 389(1)
CASE NUMBER
Criminal Appeal No. 1115 Of 2016
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Judgment

23 paragraphs · 254 words

Heard on IA No.28429/2021, which is 7th application under Section 389(1) of Code of Criminal Procedure, 1973 for grant of temporary suspension of sentence of appellant No.3 Abid.

The conviction and sentence of the appellant - Abid is as under:

Section

Imprisonment

Fine

Imprisonment in lieu of Fine

302/149 of IPC

Life Imprisonment

5000/-

6 months RI

326/149 of IPC

7 years

3000/-

5 months RI

148 of IPC

2 years

500/-

3 months RI

Learned counsel for the appellant submits that marriage of appellant's son scheduled on 30/11/2021. The appellant may be enlarged on bail temporarily for 20 days to attend the said marriage.

Learned Panel Lawyer for the State informed that factum of marriage has been verified.

Considering the aforesaid, we deem it proper to suspend the jail sentence for a period of 10 days. Accordingly, IA No.28429/2021 stands partly allowed. The prayer for suspending the sentence for 20 days is rejected.

It is directed that the substantive jail sentence of appellant No.3 Abid S/o Shri Abdul Patel be suspended temporarily for a period of 10 days (Ten days only) from the date of his release, subject to appellant's furnishing a personal bond to the tune of Rs.50,000/- (Rs.Fifty Thousand) with one local surety in the like amount to the satisfaction of the trial court and he shall surrender before the concerned trial Court on the expiry of the aforesaid period of ten days, failing which the trial Court shall seek recourse of measure as prescribed under Cr.P.C.

CC as per rules.