Ibrahim vs The State Of Madhya Pradesh
2022 Latest Caselaw 1365 MP

                 HIGH COURT OF MADHYA PRADESH
                              BENCH AT INDORE
DIVISION BENCH :
            Hon'ble Shri Justice Vivek Rusia &
            Hon'ble Shri Justice Rajendra Kumar (Verma)

                        Criminal Appeal No.1687/2015

                              Ibrahim & Anish
                                      vs
                        The State of Madhya Pradesh
-----------------------------------------------------------------------------------
            Shri Ashish Gupta, learned counsel for the appellant
no.1/Ibrahim.
              Ms. Sharmila Sharma, on behalf of appellant no.2/Anish
              Shri Sudhanshu Vyas, learned G.A. for the respondent/State.
Indore:Dated;31.01.2022
Per: Rajendra Kumar (Verma), J.

Heard on I.A. No.998/2022, seventh application for suspension of sentenced filed on behalf of the appellant no.1/Ibrahim and on I.A. No.1034/2022 second application for suspension of sentenced filed on behalf of the appellant no.2/Anish.

Earlier, one out of six applications for suspension of jail sentenced filed on behalf of appellant no.1/Ibrahim have been dismissed as withdrawn, two were rejected and three were allowed temporarily and first application of appellant no.2 has been dismissed on merits.

The Appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment dated 30.09.2015 passed by Additional Sessions Judge, Khategaon District Dewas in S.T. No.220/2010, whereby the appellants alongwith co-accused has been convicted and sentenced as under:-

 Conviction       Sentence

Section          Act    Imprisonment       Fine        Imprisonment in lieu
                                                       of Fine

302              IPC    Life imprisonment. 5000/-      6 Months S.I.

Learned counsel for the appellants submits that the appellants have undergone almost 12 years actual jail sentence. The appeal is likely to take considerable time for its final hearing. The co-accused Hussain Khan has already been granted suspension by this Court vide order dated 11.01.2022 passed in Connected CRA No.1518/2015. It is further submitted that as per prosecution story, on 01.03.2010, in front of house of Hariram, the holy festival was celebrated, sudden dispute arose between two groups and during the scuffle and fight members of both the groups sustained the injuries to each other which has resulted into registration of two FIRs. Arjun sustained grievous injuries in the aforesaid incident and died. There was no premeditation or pre-planning in commission of the offence. The learned Court did not find unlawful assembly for committing riots, hence, discharged under Sections 147, 148 and 149 of IPC. The appellants is in jail since the date of their arrest. At the most offence would fall under section 304 Part I and Par II of IPC for which they have already undergone 10 years of jail sentence.

Learned counsel for the respondent opposes the applications submitting that no sufficient ground is made out for releasing the appellants on bail, hence, the applications filed by the appellants be dismissed.

We have considered the rival contentions of the parties and perused the record.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, we are of the view that the applications for suspension of custodial sentence moved on behalf of appellants deserved to be allowed.

Accordingly, I.A. No.998/2022 and I.A. No.1034/2022 filed on behalf of appellants Ibrahim S/o Hamje Khan and Anish S/o Mustufa respectively are allowed and it is directed that on furnishing personal bond by appellants in the sum of Rs.50,000/- (Rupees Fifty Thousand only)each with one solvent surety in the like amount to the satisfaction of the learned trial Court, for their regular appearance before the concerned trial Court, the execution of custodial part of the remaining sentence imposed against the appellants shall remain suspended, till the final disposal of this appeal.

The appellants, after being enlarged on bail, shall mark their presence before the Registry of this Court on 22.09.2022 and on all such subsequent dates, which are fixed in this regard by the concerned trial Court.

This is an admitted appeal.

List the matter for final hearing in due course.

(Vivek Rusia) (Rajendra Kumar (Verma)) Judge Judge

amit Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA

AMIT PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d0 6ed3c79a81bc156ec0309c5245d47a0a5

KUMAR 2604de, pseudonym=713D9BD68EDDADCD6B88 DA2B1BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107 E91326BC51DC9DCF83F25C9D67245FE 3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.02.02 14:39:55 +05'30'