Madhya Pradesh High Court
Raja And 3 Anr. vs The State Of Madhya Pradesh on 6 August, 2021
Author: Sujoy Paul
Criminal Appeal No.530/2012 1
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
Criminal Appeal No.530/2012
Raja S/o Umar Khan & Others v/s The State of Madhya Pradesh
Indore, dated 06.08.2021
Heard through video conferencing.
Shri Sanjay Kumar Sharma, learned counsel for appellant
No.2 - Aasif.
Ms. Vinita Phaye, learned Government Advocate for the
respondent / State.
With the consent, heard on I.A. No.20556/2021, which is
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 appellant No.2 - Aasif S/o Mohammad Umar.
The appellant has been convicted vide judgment of
conviction dated 26.03.2012 passed by the XII Additional Sessions
Judge, Indore in Sessions Trial No.606/2009 for the offences
punishable under Sections 302 of the Indian Penal Code and 25 A-B
of the Arms Act and sentenced to undergo Life Imprisonment along
with fine of Rs.1,000/- and one year's rigorous imprisonment along
with fine of Rs.1,000/- respectively. With default clause to further
undergo two months' and one month's rigorous imprisonment
respectively.
Learned counsel for the appellant submits that co-accused
Mohammad Umar / appellant No.3 succeeded in getting benefit of
suspension of sentence by order dated 27.05.2021. As per prosecution
story, the allegation against appellants Asif and Umar is that they
caused injuries by means of sword on the head of the deceased. By
taking this Court to the statement of Dr. M.Y. Unda (P.W-13), it is
submitted that cause of death was injury on the chest of the deceased.
In cross-examination, he categorically deposed that injuries caused on
other parts of the body, including head were not dangerous and could
not have been the reason for causing death. For this reason, it is
prayed that appellant No.2 may be given benefit of suspension of
sentence.
The prayer is opposed by learned Government Advocate for
the respondent / State.
Considering the nature of role played by this appellant and
the injuries arising thereto coupled with the finding given by the
Court below and with expressing any conclusive opinion on the
merits of the case, we deem it proper to suspend the remaining jail
sentence of appellant No.2. Accordingly, I.A. No.20556/2021 is
allowed.
The execution of jail sentence of appellant No.2 - Aasif S/o
Mohammad Umar is hereby suspended and it is ordered that the
appellant No.2 be released on bail on his furnishing a personal bond
for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the trial Court
and subject to depositing the fine amount (if not already deposited)
with a further direction to appear before the Trial Court, District -
Indore on 02.12.2021 and also on such other dates, as may be fixed
by the trial Court, District - Indore in this regard during the pendency
of this appeal.
Certified copy, as per rules.
(SUJOY PAUL) (VIVEK RUSIA)
JUDGE JUDGE
Ravi
Digitally signed by RAVI PRAKASH
Date: 2021.08.06 17:33:49 +05'30'
