Shabbir And 5 Ors. vs The State Of Madhya Pradesh
2022 Latest Caselaw 6300 MP

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   IN THE HIGH COURT OF MADHYA PRADESH AT INDORE


                           CRA No. 883 of 2013
          (SHABBIR AND 5 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)



Dated : 27-04-2022
      Shri Ajay Bagadiya, learned senior counsel with Shri Gajendra Singh
Chouhan, learned counsel for the appellant.
      Shri Kamal Kumar Tiwari, learned counsel for the respondent/State.

Heard on I.A. No.3614/2022, which is a repeat application for suspension of sentence filed on behalf of appellant No.1- Shabbir Khan. Although, earlier application was dismissed on merits vide order dated 06.01.2015 and the present application has been filed after completion of 10 years' incarceration.

The appellant and five others have been convicted vide judgment dated 27.06.2013 in Session Trial No.377/2009 passed by 3rd Additional Session Judge Ujjain as below:-

     Conviction                                  Sentence
Section      Act       Imprisonment           Fine    deposited Imprisonment
                                              details           in lieu of Fine
302/149      IPC       Life imprisonment           1,000/-         1 month R.I.
                       RI
324/149      IPC       3 Years RI                     --                   --

Learned senior counsel submits that out of 6 appellants, 5 appellants have been granted benefit of suspension of sentence. He has further stated that there was a civil dispute going on between the family members of the deceased and present applicant hence, possibility of false implication cannot be ruled out and there is a recovery of knife from Shabbir Khan but

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as per FSL report, no human blood was found. The appellant is not a hardcore criminal and he is first offender. This appeal is of the year 2013 and the same is likely to come for final hearing after 2-3 years, hence, he prays for suspension of sentence of the appellant.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A. No.3614/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant - Shabbir Khan be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark his presence before the registry of this Court on 21/11/2022 and on all such subsequent dates, which are fixed in this regard by the Registry.

I.A. No.3614/2022 stands disposed of.

List the appeal for final hearing in due course.

Certified copy as per rules.

                (VIVEK RUSIA )                         (AMAR NATH (KESHARWANI))
                   JUDGE                                         JUDGE
       N.R.


Digitally signed by NARENDRA
KUMAR RAIPURIA
Date: 2022.04.28 15:12:04 +05'30'