SOHIL ALI Vs. STATE OF M P

JUDGEMENT

(1.) Heard on LA. No.6852/07 an application for early hearing. Counsel for appellant has stated that appellant who is an educated youth of 23 years of age is in jail since 27-8-2007 and it was urged by the counsel before me that the entire future of the appellant is likely to be ruined if the application for suspension of sentence is not considered early. Counsel also stated mat the accused appellant was granted bail by the trial Court and has not misused the same.

(2.) Counsel for the respondent/State Ms. Mamta Shandilya, has not expressed any objection regarding the early hearing of the matter. Looking to the urgency involved the application is allowed.

(3.) Heard on question of I. A. 6891/07 which is an application for suspension of sentence. Counsel for the appellant has urged that the appellant has full chance of success in the appeal and the accused has been falsely implicated in the matter. It is a case of affair of the heart since the Kumari Usha Bhagat, whom the accused is alleged to have abducted as her self on affidavit (Ex-D/7) stated that the accused was not in any manner responsible for her leaving her home. Further counsel relying on Air 1976 S.C. Pg 527 BabuSingh and others Vs. State ofU.P. urged that Apex Court has held the personal liberty of the accused was paramount importance and when the bail is refused the liberty is.