Madhya Pradesh High Court
Sadar Mohammed vs The State Of Madhya Pradesh on 16 December, 2022
Author: Vivek Rusia
CRA No.833/2017
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
Criminal Appeal No.833/2017
(Sadar Mohammed & five others v. The State of Madhya Pradesh)
Indore, Dated 16.12.2022
Shri Champa Lal Yadav, learned Senior Counsel assisted
by Shri Lokesh R. Bhatnagar, learned counsel for appellant No.4
Rashid Khan s/o Taj Mohammed.
Shri Kamal Kumar Tiwari, learned Government Advocate
for the respondent / State of Madhya Pradesh.
Shri Aman Mourya, learned counsel for the complainant /
objector.
____________________________________________________
Heard on IA No. 16161/2022, a repeat (SIXTH)
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.4 Rashid Khan S/o Taj
Mohammed.
The present appellant has been convicted and sentenced by
learned 1st Additional Sessions Judge, Shujalpur, District
Shajapur (MP) in Sessions Trial No.88/2013 vide judgment dated
28th March, 2017, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of fine
302 / 149 IPC Life Imprisonment Rs.5,000/- 2 years RI
On four counts on each count
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 16-12-2022
15:49:25
CRA No.833/2017
325/149 IPC 3 years Rs.2,000/- 6 months RI
147 IPC 2 years Rs.1,000/- 6 months RI
Learned Senior Counsel appearing for the present appellant
submits that the present appellant is having parity with Yakub
Khan S/o Rais Khan who has been grated the benefit of
suspension of sentence by this Court on 25.11.2022 in Criminal
Appeal No.866/2017. In additional to above, this appellant is
aged about 84 years, at present and this appeal of 2017 is not
likely to come up for hearing, in near future.
Accordingly, maintaining parity and without expressing
any opinion on merits of the case, IA No.16161/2022 is allowed,
subject to depositing the fine amount, if any, and it is directed
that on furnishing a personal bond by the present appellant in the
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 regular appearance before concerned trial
Court, the execution of the custodial part of the sentence imposed
against the appellant No.4 Rashid Khan shall remain suspended,
till the final disposal of this appeal.
The appellant No.4, after being enlarged on bail, shall mark
his presence before the concerned trial Court on 30.01.2023 and
on all such subsequent dates, as may be fixed by the concerned
Court in this regard.
It is also observed that if the appellant (s) is found in any of
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 16-12-2022
15:49:25
CRA No.833/2017
the criminal activities, after his / her release on bail / suspension
of sentence, then the present bail / suspension order shall stand
cancelled without further reference to this Court; and the State /
prosecution will be free to arrest the accused in the present case
also.
Certified copy as per rules.
(Vivek Rusia) (Subodh Abhyankar)
Judge Judge
rcp
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 16-12-2022
15:49:25
