Madhya Pradesh High Court
Kasam Kha vs The State Of Madhya Pradesh on 6 May, 2022
Author: Subodh Abhyankar
1 CRA No.561/2017
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Criminal Appeal No.561/2017
Indore, Dated 06.05.2022
Shri Rituraj R. Bhatnagar, learned counsel for appellant
Kasam Kha s/o Hakim Kha Mewati.
Shri Amit Singh Sisodia, learned Government Advocate for
the respondent / State of Madhya Pradesh.
Per Subodh Abhyankar, J.
Heard on IA No.2184/2022, first application under Section
389 (1) of the Code of Criminal Procedure, 1973 for suspension of
jail sentence and grant of bail filed on behalf of the appellant.
The present appellant has been convicted and sentenced by
learned Additional Special Judge (under NDPS Act), Jaora, District
Ratlam (MP) in Special Sessions Trial No.01/2014 vide judgment
dated 15th February, 2017, as under: -
Conviction Sentence
Section Act RI Fine amount Imprisonment in lieu of fine
8 (C) r/w 15 (C) NDPS Act 15 years Rs.1,50,000/- 2 years additional RI
r/w 29
8 (C) r/w 18 (B) NDPS Act 10 years Rs.1,00,000/- 1 year additional RI
Counsel for the appellant has submitted that the present
appellant has already completed nine years without remission and
he is claiming suspension of sentence on the ground of parity as the
jail sentence of co-accused person Pavez S/o Sabir Khan Mewati
Musalman has already been suspended by this Court in Criminal
Appeal No.648/2017 vide order dated 17.01.2022, taking note of
his period of incarceration which was nine years.
Having considered the submissions and on perusal of the
record and also considering the period of incarceration of appellant,
taking note of the fact that the jail sentence of other co-accused
Pavez S/o Sabir Khan Mewati Musalman has already been
suspended by this Court vide order dated 17.01.2022, taking note of
his period of incarceration which was nine years, and so far as the
present appellant is concerned, he has spent around nine years in
jail, this Court finds force with the contentions raised by the counsel
for appellant.
In view of the same, the application for suspension of
custodial sentence deserves to be allowed, maintaining parity.
Accordingly, without expressing any opinion on merits of the
case, IA No.2184/2022 is allowed (maintaining parity), subject to
depositing the fine amount, if any, and it is directed that on
furnishing a personal bond by the appellant in the sum of
Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in
the like amount to the satisfaction of the learned trial Court, for his /
her regular appearance before concerned trial Court, the execution
of the custodial part of the sentence imposed against the appellant
shall remain suspended, till the final disposal of this appeal.
The appellant, after being enlarged on bail, shall mark his /
her presence before the concerned trial Court on 06.07.2022 and
on all such subsequent dates, as may be fixed by the concerned
Court in this regard.
It is also observed that if the appellant (s) is found in any of
the criminal activities, after his release on bail / suspension of
sentence, then the present bail / suspension order shall stand
cancelled without further reference to this Court; and the State /
prosecution will be free to arrest the accused in the present case
also.
Looking to the fact that the appellant (s) have been released
on bail while suspending his / her jail sentence on the ground that
the accused person (s) has completed nine years of incarceration out
of total period of fifteen years RI, the matter may be heard finally at
an early stage.
Let the case be listed in the week commencing 22.08.2022
along with connected criminal appeals for analogous hearing.
C. c. as per rules.
(Subodh Abhyankar) (Pranay Verma)
Judge Judge
rcp
RAMESH CHANDRA PITHWE
2022.05.06 17:28:32 +05'30'
