Basheer & Ors. vs State Of M.P.
2022 Latest Caselaw 8004 MP

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       IN THE HIGH COURT OF MADHYA PRADESH
                       AT INDORE
              Criminal Appeal No.536 of 2009
     (BASHEER AND OTHERS Vs THE STATE OF MADHYA
                     PRADESH)
Dated :17-06-2022
       Shri Vikash Jain, learned counsel for the appellant.
       Shri Sudhanshu Vyas, learned Panel Advocate for the
respondent/State.

Heard on I.A. No.6723/2022, repeat 12th application filed under section 389 (1) of the Cr.P.C.,1973 on behalf of appellant- Basheer seeking suspension of jail sentence inter alia on the ground that he is in custody since 2008 and other co-accused persons have been granted the benefit of suspension of jail sentence.

The appellant has been convicted and sentenced by the learned Second Additional Sessions Judge, Dhar (M.P.) in Sessions Trial No.236/2008 vide judgment dated 02.05.2009 as under:-

 Offence U/s     Sentence     Fine       amount Imprisonment in lieu of
                 Awarded      (Rs.)             fine amount
 302/34 of IPC   Life         Rs.500/-          6 months R.I.
                 Imprisonment

Learned counsel for the appellant submits that offence will not travel more than section 304 (Part-II) of the IPC as the dispute arose suddenly due to the accident of motor cycle and there was no pre-planned murder. This appeal is of year 2009 and it is not likely to come up for final hearing in near future therefore, prays has been made for suspension of jail sentence of the appellant.

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

Keeping in view the period of custody and to the fact that other two co-accused persons have already been granted the

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benefit of suspension of jail sentence.

Accordingly, I.A. No.6723/2022 is allowed. The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant-Basheer be released on bail subject to depositing fine amount, if already not deposited, and on their furnishing a personal bond of sum of Rs.50,000/-(Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 19.12.2022 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

List this matter for final hearing in due course. I.A. No.6723/2022 stands disposed of. I.A. No.6741/2022 application for urgent hearing also stands disposed of.

Certified copy as per rules.

          (VIVEK RUSIA)                                          (RAJENDRA KUMAR (VERMA))
              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,

KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cb a241effad892107d95ef0a1afc55b4, pseudonym=CFDFD9C36711CA738F527A5D61A1 EE901C09EF29,

NAN serialNumber=7F0BEE2D78BD57DA058F3247441C 87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF, cn=AJIT KAMALASANAN Date: 2022.06.20 12:47:42 +05'30'