Madhya Pradesh High Court
Salim And Anr. vs The State Of Madhya Pradesh on 21 February, 2022
Author: Vivek Rusia
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THE HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
(D.B.: HON'BLE Mr. JUSTICE VIVEK RUSIA AND HON'BLE Mr.
JUSTICE AMAR NATH (KESHARWANI) JJ.)
Criminal Appeal No.913/2012
(Salim and another V/s. State of M.P.)
Indore, Date: 21.02.2022:
Shri Ritu Raj Bhatnagar, learned counsel for the appellants.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.
Heard on I.A. No.28767/2021 repeat 5th application for
suspension of sentence filed under section 389(1) of the Cr.P.C. on
behalf of appellants.
The appellants have been convicted vide judgment dated
22.06.2012 in Session Trial No.73/2008 passed by the Special Judge,
SC/ST (P.A.), Mandsaur as below:-
Conviction Sentenced to Fine In default of payment of
U/Section fine
148 of the IPC 1 year of R.I. Rs.1,000/- 1 month R.I.
323 r/w 149 of 1 year of R.I. Rs.1,000/- 1 month R.I.
the IPC
302 r/w 149 of Life Rs.10,000/- 3 months R.I.
the IPC Imprisonment
According to the prosecution case, on 23.05.2008 all the
accused persons came to the house of the complainant Pyaari Bai and
started alleging that she indulged into the activities of witch hunting
and with an intention to kill one of them assaulted by means of stick.
Her daughter namely Manju came to rescue her and she was
assaulted. She was taken to the hospital where she was declared
dead. The autopsy was conducted and Dr. Rewa Shankar Johari
(P.W.-12) was opined that she died because of the rapture of the
spleen. Other injuries found were minor in nature.
Learned counsel for the appellants submit that the appellants
are completed 13 years and 7 months incarnation and the appeal is
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not likely to come for final hearing in near future. There is no
specific allegation that out of five accused who have caused the fatal
injuries. At the most the case would not travel more than section 304
(Part-I or II) of the IPC. It is also not the case of the prosecution that
all the accused persons went to the house of complainant in order to
kill Manju Bai. In these circumstances learned counsel prays for
suspension of the appellants.
Learned Govt. Advocate for the respondent/State as oppose the
prayer for suspension of sentence of both the appellants.
Considering the facts and circumstances of the case, allegations
against appellants 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.28767/2021 is allowed. Execution of jail
sentence of the appellants is hereby suspended and it is ordered that
the appellants be released on bail on their furnishing a personal bond
for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with
one separate sureties in the like amount to the satisfaction of the
learned trial Court for their appearance before the Court, the
execution of custodial part of the sentence shall remain suspended,
till the final disposal of this appeal.
The appellants shall mark their presence before the registry of
this Court on 26/09/2022 and on all such subsequent dates, which are
fixed in this regard by the Registry.
I.A. No.28767/2021 stands disposed of.
List the appeal for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA ) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
Ajit
AJIT Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH
INDORE, postalCode=452001, st=Madhya Pradesh,
KAMALASAN
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892107d95ef0a1afc55b4,
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serialNumber=7F0BEE2D78BD57DA058F3247441C87E7E081
AN
7FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT
KAMALASANAN
Date: 2022.02.21 18:13:00 +05'30'
