Madhya Pradesh High Court
Guddu @ Mansur vs The State Of Madhya Pradesh on 16 July, 2021
Author: Rajendra Kumar Srivastava
1 CRA-517-2021
The High Court Of Madhya Pradesh
CRA-517-2021
(GUDDU @ MANSUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 16-07-2021
Heard through Video Conferencing.
Shri Gyan Prakash Tripathi, Advocate for the appellants.
Ms. Kamlesh Tamrakar, Panel Lawyer for the respondent- State.
Shri Hirdesh Tripathi, Advocate for the objector.
Record of the Court below is available.
This appeal is admitted for final hearing.
Heard on I.A.No.12270/2021 filed on behalf of accused/appellant
No.1-Guddu @ Mansur and I.A. No.1230/2021 filed on behalf of
accused/appellant No.2 Gulfam, which is an application for suspension
of sentence and grant of bail to them.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated 7.1.2021
passed by learned Seventh Additional Session Judge Jabalpur, District
Jabalpur (MP) in Special Sessions Trial No. 635/2021, by which these
appellants have been convicted for offence under Sections 307/34 of IPC
and they have been sentenced to undergo R.I. for 7 years with fine of
Rs.2000/- for assaulting Aslam and Section 307/34 of IPC, they have
been sentenced to undergo R.I. for 7 years with fine of Rs.2000/-for
assaulting injured Shahid, with default stipulations respectively.
Prosecution case, in short, is that on 8.9.2011, complainant Ishaq
Khan was standing with injured Aslam infront of Kripa Travells. At that
time, present accused/appellants and co-accused Subrati Sardar reached
there. They abused filthy language. Complainant Ishaq Khan and injured
Aslam objected, then present accused/appellants caught injured Aslam.
Co-accused Subrati Sardar inflicted injury by sharp edged weapon on his
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.07.19 17:01:34 IST
2 CRA-517-2021
neck, abdomen and other parts of body. Shahid and Shajid tried to save
him, then accused/appellant No.1 Guddu @ Mansur fired gun shot from
pistol, due to this Shahid received grievous injury. Thereafter,
accused/appellants and co-accused ran away.
Le a r ne d counsel for the appellant/accused submits that
accused/appellants did not participate in this incident. Learned trial
C o u r t committed grave error in convicting and sentencing the
appellant/accused. Learned trial Court did not appreciate the evidence in
perspective way. Injured Shahid (PW/2) did not support the case of
prosecution. There are material contradictions and omissions in the
evidence of prosecution witnesses. Apart from this, complainant Ishaq
and injured Aslam filed compromise petition before this Court. They
have no objection if bail is granted to the accused/appellants. During
trial accused/appellant No.1 Guddu @ Mansur remained in jail since
15.12.2011 to 7.12.2012 and at present he is in jail since 7.1.2021 &
accused/appellant No.2 Gulfam remained in jail since 3.10.2011 to
17.2.2012 and at present he is in jail since 7.1.2021. There are so many
material contradictions and omissions in the evidence of witnesses. This
appeal is of the year 2021. There are fair chances to succeed in the
appeal. It is time of COVID-19 pandemic, due to this, final hearing of
this appeal will take time. Therefore, the application filed on behalf of
the appellants-Guddu @ Mansur and Gulfam may be allowed and
execution of remaining jail sentence may be suspended and they may be
released on bail.
Learned PL for the respondent/State has opposed the application.
Learned counsel for the objector has no objection if execution of
jail sentence of accused/appellants Guddu @ Mansur and Gulfam is
suspended and they are released on bail.
Signature Not Verified
SAN
Considering the argument of both the parties and this fact that it is
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.07.19 17:01:34 IST
3 CRA-517-2021
alleged by the prosecution that accused/appellant No.2 Gulfam caught
injured Aslam and co-accused Subrati Sardar inflicted injury by sharp
edged weapon to injured Aslam, so it appears that at the time of incident
accused/appellant No.2 Gulfam has no weapon, it is alleged by the
prosecution that accused/appellant No.1 fired gun shot injury from pistol
and Shahid (PW/2) received gun shot injury, but Shahid (PW/2) did not
identify accused/appellant No.1 Guddu @ Mansur. Shahid (PW/2) did
not support the case of prosecution, he is declared hostile by the
prosecution, apart from this, complainant Ishaq and injured Aslam have
filed compromise petition in this matter, so they have no objection if
execution of jail sentence of accused/appellants No. 1 & 2 Guddu @
Mansur and Gulfam is suspended and they are released on bail, during
trial accused/appellant No.1 Guddu @ Mansur remained in jail since
15.12.2011 to 7.12.2012 and at present he is in jail from 7.1.2021 &
accused/appellant No.2 Gulfam remained in jail since 3.10.2011 to
17.2.2012 and at present he is in jail since 7.1.2021, this appeal is of the
year 2021, it is time of COVID-19 pandemic, due to this, final hearing of
this appeal will take time, but without expressing any opinion on the
merits of the case, I am o f the considered opinion that it would be
appropriate to suspend the execution of jail sentence awarded to the
appellant and grant bail to him.
Consequently, I.A. No.12270/2021 & I.A.No.1230/2021 are
allowed subject to deposit of fine amount, if not already deposited. The
custodial sentence awarded to the appellants No. 1 & 2 Guddu @
Mansur and Gulfam shall remain suspended during the pendency of this
appeal.
Appellants No.1 & 2 Guddu @ Mansur and Gulfam be released
from custody subject to their furnishing a personal bond in the sum of
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Rs. 50,000/- (Rupees Fifty Thousand Only) each, with one surety in
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.07.19 17:01:34 IST
4 CRA-517-2021
the like amount each, to the satisfaction of the trial Court. These
appellants shall appear and mark their presence before the trial Court
on 27.09.2021 and shall continue to do so on all such future dates, as
may be given by the trial Court in this behalf, during pendency of the
matter.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
said appellants shall also comply with the rules and norms of social
distancing. Further, in view of the order passed by the Hon'ble Supreme
Court in suo moto W.P.No.1/2020, it would be appropriate to issue the
following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the
said appellants by the jail doctor before their release.
2 . The appellants shall not be released if they are suffering from
'Corona Virus disease'. For this purpose appropriate tests will be carried
out.
3. If it is found that the appellants are suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by
placing them in appropriate quarantine facility.
List the matter for final hearing in due course.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
A.Praj.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.07.19 17:01:34 IST
