Madhya Pradesh High Court
Maqbool vs The State Of Madhya Pradesh on 29 November, 2022
Author: Vivek Rusia
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.3809/2019
(Maqbool and 09 Others Vs. State of M. P.)
-1-
Indore, dated 29/11/2022
Shri Akash Rathi, learned counsel for the appellant No.03.
Shri Aditya Garg, learned Government Advocate for the
respondent / State.
Heard on IA.No.13583/2022, which is an application for
suspension of sentence on behalf of the appellant No.03 - Javed
@ Mamu.
The appellant No.3 along with other appellants have been
convicted vide judgment dated 23/03/2019 in Session Trial
No.157/2013 passed by the I Additional Sessions Judge, Jaora,
District Ratlam as below:-
CONVICTION SENTENCE
Section Act Imprisonment Fine Imprisonment in
lieu of Fine
302 r/w 149 IPC Life Imprisonment Rs.500/- 01 Month RI
307 r/w 149 07 Years RI Rs.500/- 01 Month RI
IPC
(02 Counts) (02 Counts) (02 Counts) (02 Counts)
326 r/w 149 IPC 07 Years RI Rs.500/- 01 Month RI
148 IPC 03 Years RI - -
As per prosecution story, Farukh S/o Sattar lodged a Dehati
Nalishi at Civil Hospital, Jaora that almost 5-6 months ago, while
playing, son of appellant No.1 Maqbool, named Mohsin, had beaten
Signature Not Verifiedson of younger brother (Umar) of complainant and due to the same
Signed by: TEJPRAKASH
VYAS
Signing time: 11/29/2022
6:32:24 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.3809/2019
(Maqbool and 09 Others Vs. State of M. P.)
reason both the parties had dispute and fracas and a court case was
also pending for the same. Due to this incident, Maqbool and his
family was having a grudge against the family of complainant.
Thereafter, on 31/01/2013, they abused Umar and Siddique. They
left from there saying that now we have to finish you all. After an
hour at around 02:15 PM, appellant No.3 Javed, appellant No.4
Shahid and appellant No.10 Jafar, (all armed with pistol), appellant
No.6 Shama Bee (armed with stick), Maqbool (armed with sword)
along with appellant No.8 Harun Bee and appellant No.9 Praveen
@ Kallo Bee came, while abusing them, with an intention to kill
them. Thereafter, Jafar fired Umar with Pistol on his chest, when
Khatoon and Siddique tried to save Umar then Shahid fired upon
Khatoon Bee with Pistol and Javed fired upon Siddique with Pistol,
with an intention to kill him. When Iqbal tried to save these people
then appellant No. 5Mobin assaulted him with sword. Taaz Mohd
tried to save him then Iqbal assaulted him with stick and when
Imran, Sher Bano, Faiyaaz and Akram tried to save them then
Harun Bee threw acid on Sher Bano, Jayada Bee and assaulted
Imran with stick, Maqbool assaulted Akram with sword on his head
and Shama Bee assaulted Faiyaaz with stick and Maqbool also
assaulted Faiyaaz with sword. Kallo Bee kept saying that nobody
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/29/2022
6:32:24 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.3809/2019
(Maqbool and 09 Others Vs. State of M. P.)
should be left alive out of them. Jakir S/o Nooraji and Mohd.
Shareef S/o Haneef, who were who were passing from there, came
and saved all the injured persons. Jafar, Shahid, Javed, Iqbal,
Mobin, Maqbool, Harun Bee, Jayada Bee, Shama Bee and Kallo
Bee went out of there saying that today you people are saved, next
time nobody will be alive. That, upon this information an FIR
registered under Crime No. 34/13 for offences u/s 302, 307, 147,
148, 149, 324, 294, 506 of IPC and u/s 25 and 27 of Arms Act. The
present appellant was put to trial and on 23/03/2019 was convicted
for offences U/s 302/149, 307/149, 326/149 and 148 of Indian Penal
Code, 1860.
Learned counsel for the appellant submits that the allegation
against the appellant No.3 - Javed @ Mamu is that he fired a gun
shot to Mohd. Siddique. The bullet hit his vital part of the body but
he did not sustain any grievous injury. Those accused persons, who
have caused injury by means of sword have been granted bail by
this Court. The main allegation is against appellant No.10 - Jafar,
who fired the gun shot to the deceased. As per the MLC report and
evidence of the doctor both the injuries were simple in nature.
Appellant No.6 Shama Bee, appellant No.9 Praveen @ Kallo Bee
and appellant No.7 Jayada Bee have been granted suspension of
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/29/2022
6:32:24 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.3809/2019
(Maqbool and 09 Others Vs. State of M. P.)
sentence by this Court vide orders 17.12.2019 and 14.01.2020
respectively and appellant No.8 Harun Bee has been granted the
benefit of suspension of sentence by the Apex Court vide order
dated 05/01/2022 passed in Criminal Appeal No.29/2022 arising out
of SLP(Cri) No.6425/2020, who were also the part of unlawful
assembly. So far as the injury caused by him is concern, it is simple
in nature, therefore, Section 307 of IPC is not made out. This
appellant was on bail during the trial and thereafter from the date of
judgment. This appeal is of 2019 and there is no likelihood of final
hearing in near future of this appeal, hence, prays for suspension of
sentence of appellant No.3 - Javed @ Mamu.
Learned Govt. Advocate for the respondent/State opposes the
prayer for suspension of sentence.
Considering the facts and circumstances of the case and there
is no likelihood of final hearing of this criminal appeal in near
future, without commenting on the merits of the case the
application for suspension of sentence IA.No.13583/2022 is
allowed. Execution of jail sentence of the appellant No.3 is hereby
suspended and it is ordered that the appellant No.3 - Javed @
Mamu be released on bail on his furnishing a personal bond for a
sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/29/2022
6:32:24 PM
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Criminal Appeal No.3809/2019
(Maqbool and 09 Others Vs. State of M. P.)
solvent surety in the like amount to the satisfaction of the learned
trial Court for his appearance before the Court, the execution of
custodial part of the sentence shall remain suspended, till the final
disposal of this appeal.
The appellant No.3 - Javed @ Mamu shall mark his presence
before the registry of this Court on 03/04/2023 and on all such
subsequent dates, which are fixed in this regard by the Registry.
Certified copy as per rules.
(VIVEK RUSIA) (AMAN NATH (KESHARWANI))
J U D G E J U D G E
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 11/29/2022
6:32:24 PM
