Rafiq Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1250 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                          Cr. A. No.5597 of 2019

Indore, Dated:- 05/04/2021
        Shri Anil Ojha, Counsel for the appellant - Rafiq Khan S/o

Nasir Khan.

        Shri    Hemant     Sharma,       Public     Prosecutor   for   the

respondent/State.

Heard on IA No.4105/2021, fifth application under Section 389

(1) of the Code of Criminal Procedure, 1973 for suspension of jail

sentence and grant of bail filed on behalf of the appellant - Rafiq

Khan.

The present appellant - Rafiq Khan has been convicted and

sentenced by Additional Sessions Judge, Dr. Ambedkarnagar, Indore

(MP) in Sessions Case No.300446/2013 vide judgment dated

26.06.2019 as under: -

         Conviction                            Sentence
   Section        Act           RI             Fine  Imprisonment in
      s                                       amount   lieu of fine
   336         IPC 1860     3 months      -          -
   337         IPC 1860     3 months      -          -
   323/149 IPC 1860         One year      1,000/-    One month RI
   452         IPC 1860     One year      1,000/-    One month RI
   326     IPC 1860 Five years 2,000/- Two months RI

Counsel for the appellant has submitted that the appellant is

now aged around 67 years and is in jail since the date of impugned

judgment i.e. 26.06.2019 and earlier also he was in jail for a period of

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.5597 of 2019

one month during the course of trial.

Counsel has submitted that the earlier application for

suspension of jail sentence i.e., I.A. No.4231/2020 was dismissed by

this Court with liberty to renew the prayer after completion of half of

the jail sentence of the appellant. Counsel has submitted that the

appellant has completed the period of half of the jail sentence

including the period of remission to which he is entitled.

Counsel has submitted that the appellant is aged around 67

years and the final conclusion of the appeal is likely to take sufficient

long time. It is further submitted that looking to the fresh spread of

Covid-19, no purpose would be served to keep the appellant, who is

already suffering from old age ailments, in jail.

Counsel for the respondent/State, on the other hand, has

opposed the prayer.

Having considered rival submissions, taking note of the

appellant's age, who is now around 67 years and the period of

incarceration, this Court is of the considered opinion that the

application for suspension of custodial sentence deserves to be

allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.4105/2021 is allowed and it is directed that on deposit of

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE Cr. A. No.5597 of 2019

fine amount, if already not deposited and on furnishing a personal

bond by the appellant in the sum of Rs.50,000/- (Rupees fifty

thousand only) with a solvent surety in the like amount to the

satisfaction of the learned trial Court, for his / her regular appearance

before concerned trial Court, the execution of the 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 concerned trial Court on 14.06.2021 and on all

such subsequent dates, as may be fixed by the concerned Court in this

regard.

C. c. as per rules.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2021.04.06 10:32:39 +05'30'