Madhya Pradesh High Court
Sultan @ Shakir vs The State Of Madhya Pradesh on 27 June, 2022
Author: Rajeev Kumar Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6895 of 2021
(SULTAN @ SHAKIR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-06-2022
Shri Manish Datt, Senior Advocate with Shri Pawan Gujar, learned
counsel for the appellant.
Shri S.M. Patel, learned PL for the respondent/State.
None for the respondent No.2/complainant despite compliance of
provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the
respondent No.1
Heard on I.A. No.20491/2021, which is an application under Section
389(1) of Cr.P.C. for suspension of the custodial sentence passed against
appellant Sultan @ Shakir.
This appeal has been preferred against the judgment dated 23.10.2021
passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Sehore in
Special Case No.19/2019 whereby learned Special Judge found the appellant
guilty for the offence punishable under Section 307 r/w 34 of IPC and
sentenced him to undergo R.I. for 10 years with fine of Rs.2,000/- with default
clause.
As per the prosecution case, on 11.01.2019 at around 05:30 PM, when
complainant/injured Rambabu was standing near Gurukripa Shoe Centre located
at Alipur, appellant Sultan and co-accused Arshad came there, they abused him
and appellant Sultan assaulted him with knife with intent to kill him in his
stomach and co-accused Mohsin assaulted with stick on his head due to which
Signature Not Verified
SAN he sustained injuries.
Digitally signed by RANJEET AHIRWAL
Date: 2022.06.27 17:30:56 IST Learned counsel for the appellant submitted that in the incident, appellant
also sustained injury over his head in parietal region and complainant Rambabu
was aggressor. On the report of appellant police also registered Crime
No.25/2019 against Rahul, Kuldeep, Chandrahas and Rambabu. Appellant is in
custody since 12.01.2019. He has already suffered 3 1/2 years in jail. Hence
prayed for suspension of the jail sentence and release of the appellant on bail
since the hearing of this appeal will take time.
Learned counsel for the State opposed the prayer and submitted that
appellant assaulted the injured Rambabu with knife with intent to kill him and he
sustained grievous injury which was dangerous to life. It is further submitted
that from the prosecution evidence the guilt of the appellant was proved beyond
reasonable doubt, therefore, learned trial Court has rightly convicted and
sentenced the appellant. So the sentence of the appellant should not be
suspended.
Looking to the facts and circumstances of the case, contention of learned
counsel for the appellant and the fact that appellant is in custody since
12.01.2019 and according to listing policy the hearing of this appeal will take
time, the application is allowed and it is directed that the execution of the jail
sentence alone passed against the appellant shall remain suspended during the
pendency of this appeal and he be released on bail upon furnishing personal
bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in
like amount to the satisfaction of the trial Court for his appearance before the
Registry of this Court on 19.12.2022 and on such further dates as may be
fixed in this behalf by the Registry during the pendency of this appeal.
List the matter for admission along with Cr.A.No.7286/2021 after four
Signature Not Verified
SAN
weeks.
Digitally signed by RANJEET AHIRWAL
Date: 2022.06.27 17:30:56 IST
C.C. on payment of usual charges.
(RAJEEV KUMAR DUBEY)
JUDGE
(ra)
Signature Not Verified
SAN
Digitally signed by RANJEET AHIRWAL
Date: 2022.06.27 17:30:56 IST
