Zafar @ Munna vs The State Of Madhya Pradesh
2022 Latest Caselaw 5397 MP

                                                 1
                    IN THE HIGH COURT OF MADHYA PRADESH
                                  AT INDORE
                                         CRA No. 9564 of 2018
                                (ZAFAR @ MUNNA Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2022
         Shri Sanjay Kumar Sharma, learned counsel appearing on behalf of Shri

Gaurav Laad learned counsel for the appellant.
         Shri Kamal Kumar Tiwari, learned counsel for the respondent State.

Heard on I.A. No.3592/2022 which is repeat (third) application under Section 389 of Cr.P.C. for suspension of remaining jail sentence of sole appellant Zafar Baig on account of completion of more than ten years of jail incarceration.

T h e appellant has been convicted under Sections 302 of IPC and sentenced to undergo Life imprisonment with fine of Rs.10,000/-, with default stipulations vide judgment dated 01.11.2018 delivered in Sessions Trial No.833/2012 passed by 20th Additional Session Judge, Indore District Indore.

Vide order dated 20.08.2019, this Court has already considered each and every ground taken by the appellant and dismissed the application for suspension of sentence with a direction to list this appeal for final hearing in due course.

Learned counsel for the respondent State has produced a list to show that there are as many as 25 criminal cases registered against the present appellant and

some of them are of heinous offence, therefore, it cannot be said that the appellant is innocent and unnecessarily he is in jail because of pendency of this appeal. This Court has already found that the appellant has exceeded his right even if it is a case of self defence, no case for reconsideration is made out.

In view of above, we find no good ground to allow I.A.No.3592/2022. Accordingly, I.A.No.3592/2022, stands rejected.

      (VIVEK RUSIA)                                           (AMAR NATH (KESHARWANI))
          JUDGE                                                        JUDGE

das       Digitally signed by
          REENA PARTHO SARKAR
          Date: 2022.04.12
          18:51:24 +05'30'