Musaif @ Kaptaan vs The State Of Madhya Pradesh
2021 Latest Caselaw 6530 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        CR. A. No. 6994 / 2018
               MUSAIF @ KAPTTAAN Vs. STATE OF MP
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INDORE, Dated : 08/10/2021
        Mr. Imran Khan, learned counsel for the appellant.
        Mr. Aditya Garg, learned Panel Lawyer for the
respondent - State.

Heard on I.A.No. 23969/2021, an application filed under Section 389(1) of the Code of Criminal Procedure, 1973 on behalf of appellant Musaif @ Kaptaan for temporary suspension of jail sentence and grant of bail. Appellant has been convicted and sentenced vide judgment dated 24/7/2018 passed by the learned 4th Addl. Sessions Judge, Ratlam (MP) in S.T.No. 50/2015, as under :

  Conviction                           Sentence
   Section           Act.    Imprisonment Fine if       Imprisonment
                                          deposited     in lieu of fine
302/34 on      IPC           Imprisonment 10000 on each 3 months RI
Two Counts                   for life     count
307/34         IPC           10 Years RI   5000         2 months RI
27(1)          Arms Act      10 Years RI   2000         1 month RI

Learned counsel for the appellant submits that appellant's earlier application u/S. 389 of the Code of Criminal Procedure, 1973 for temporary suspension of jail sentence was rejected on 23/9/2020. Appellant's wife is suffering from haemorrhagic cyst, she is having severe urinary tract infection, her condition is critical, she is advised to be admitted in Hospital for laproscopic cyst removal operation on 9/10/2021. There is no one to look after her in the family. In the above circumstances, learned counsel for the appellant prays for grant of bail and temporary HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

CR. A. No. 6994 / 2018 MUSAIF @ KAPTTAAN Vs. STATE OF MP

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suspension of execution of jail sentence of the appellant.

Per contra, learned Government Advocate for the respondent - State strongly opposed the prayer for temporary suspension of custodial sentence.

Heard learned counsel for the parties and perused the record.

After considering the submissions made by the learned counsel for the parties and on perusal of the medical documents of the appellant's wife - Nahid Khan, it is evident that she is suffering from Haemorrhagic cyst and her operation is due on 9/10/2021 at Ahemdabad (Gujarat). Other family members of the appellant are available to look after the wife of the appellant. Physical presence of the appellant is not necessary for the said purpose. No sufficient ground is made out for temporary suspension of the jail sentence of the appellant. Hence, this repeat application for temporary suspension of sentence and grant of bail is hereby dismissed.

Certified copy, as per Rules.

               (SUJOY PAUL)                (ANIL VERMA)
                 JUDGE                       JUDGE
KR




 Digitally signed by KAMAL RATHORE
 Date: 2021.10.08 14:11:59 +05'30'