Jafar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3586 MP

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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.1062/2017
                 (Jafar and others V/s. State of M.P.)
Indore, Date: 14.03.2022:

        Shri Deepak Kumar Rawal, learned counsel for the appellant
No.1.
        Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
respondent/State.

Heard on I.A. No.192/2022 repeat 6th application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellant No.1- Jafar.

The appellant along with other co-accused has been convicted vide judgment dated 19.05.2017 in Session Trial No.18/2016 passed by 4th Additional Session Judge, Ratlam as below:-

    Conviction       Fine if deposited                Sentence
    U/Section
148 of IPC          500/-                1 Year of rigorous imprisonment and
                                         fine of Rs.500/- (1 month RI in
                                         default of fine)
302 of IPC          1000/-               Life rigorous imprisonment and fine
                                         of Rs.1000/- (6 months RI in default
                                         of fine)
324 of IPC          500/-                2 Years of rigorous imprisonment
                                         and fine of RS.500/- (2 months RI in
                                         default of fine)

As per the prosecution story as written para No.2 of the judgment, information was given to police by Sunil Gorana that on 15.12.2015 he was going with his friend Pawan Dhakad and when they reached near Mansa Mata Mandir, six persons came on two motorcycles. Because of previous dispute of transaction of Rs.500/-, Jafar Qureshi pushed Sunil and all the accused persons started assaulting Sunil. Jafar Qureshi took out the knife and suddenly Sunil

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was injured. Thereafter, the other appellants caught hold Aniket with intention to kill him. The present appellant- Jafar Qureshi inflicted injury on chest of Aniket, who succumbed to injuries. All the appellants were tried and convicted as mentioned above.

Learned counsel for the appellant submits that other co-accused persons have been granted bail and Sunil PW-5 has turned hostile and other eye witnesses PW-2, PW-3 and PW-4 have stated that police has never recorded their statements, therefore, they are not trustworthy witnesses and the appellant has undergone nearby 6 years and 4 months in the jail, hence, the execution of jail sentence of the appellant be suspended.

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

So far as other appellants are concerned, they have been granted benefit of suspension of jail sentence because the role attributable to them was only to catch hold Aniket and so far as the present appellant is concerned, he caused injury on vital part. PW-3 and PW-4 are eye witnesses and they are fully supporting the case. So far as PW-5 is concerned, his presence on the spot is not disputed and he has also sustained the injury and he has also confirmed the presence of Jafar Qureshi on the spot. These materials are sufficient to deny to grant suspension of jail sentence. Accordingly, I.A. No.192/2022 is rejected.

The application to change the surety is directed to be considered by the trial court where the surety was furnished.

       (VIVEK RUSIA )                      (AMAR NATH (KESHARWANI))
         JUDGE                                      JUDGE
 N.R.
Digitally signed by NARENDRA
KUMAR RAIPURIA
Date: 2022.03.15 11:52:10 +05'30'