Javed vs The State Of Madhya Pradesh
2022 Latest Caselaw 13407 MP

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           IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE
                          BEFORE
                    HON'BLE SHRI JUSTICE VIVEK RUSIA
                                            &
      HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                          ON THE 12th of October, 2022

                      CRIMINAL APPEAL No.1523/2016
      (JAVED & OTHERS Vs. STATE OF MADHYA PRADESH)
       Shri Akash Rathi, learned counsel for the appellant.
       Shri K.K.Tiwari, learned Govt.Advocate for the respondent/State.

Shri Khushiyal Malya, learned counsel for the respondent/objector.

The appellant no.2 Azad has been convicted and sentenced vide judgment dated 18/10/2016 in Session Trial No.6/2015 passed by Additional Sessions Judge Badnagar District Ujjain, as below:-

   Conviction                                         Sentence
Section       Act     Imprisonment            Fine deposited details Imprisonment in
                                                                     lieu of Fine
302/ 34       IPC     Life imprisonment                Rs.1,000/-              3 month R.I
324           IPC     01 years R.I                      Rs.500/-              1 months R.I
25(1-b)  Arms 01 years R.I                              Rs.500/-              01 months R.I
(b)of    Act
Arms Act
27     of Arms 01 years R.I                             Rs.500/-              01 months R.I
Arms Act Act

Heard on I.A.No.11889/2022 which is second application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of appellant no.2 Azad.

The first application (I.A.No4528/2020) for suspension of sentence

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filed on behalf of appellant no.2-Azad was dismissed by this Court on merits vide order dated 07.08.2020.

This Court has already considered the order dated 06.03.2020 passed in Special Leave Appeal (Cri) No.958/2020 whereby, appellant no.3 Ishaq has been granted suspension of sentence by the Hon'ble Supreme Court.

Learned counsel for the appellant no.2 submits that thereafter appellant no.4 Juber has also been granted benefit of suspension of sentence vide order dated 18/07/2020 by the Apex Court.

The order dated 18-07-2020 is reproduced below:- "Having regard to the facts and circumstances of the case, the sentence of the petitioner is suspended and bail is granted to the petitioner subject to the conditions to be imposed by the trial Court."

Learned counsel for the appellant no.2 further submits that so far as the allegation against appellant no.2 Azad is concerned he said to have caused injuries by means of knife on the thumb of complainant- Bhadar Khan. Whereas appellant no.4 Juber had caused injuries to the complainant by means of a stick therefore appellant no.2 Azad is having parity with appellant no.4 Juber.

As per prosecution story, all these appellants/accused went to the spot with a common intention to assault Mubarik when complainant- Bhadar Khan tried to save him, he was caught hold and was assaulted by these appellants by means of knife and stick.

Appellant no.2 Azad was carrying sharp edged deadly weapon. Not only for assaulting complainant - Bhadhar Khan he has also been convicted for committing murder of Mubarik with the aid of 34 of IPC as he prevented Bhadhar Khan, who tried to save Mubarik (deceased). Once

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this Court has considered the active role of appellant no.2 Azad and rejected the first application for suspension of sentence, we have no reasons to reconsider the same.

Accordingly, I.A.No.11889/2022 stands rejected.

            (VIVEK RUSIA )              (AMAR NATH (KESHARWANI))
               JUDGE                              JUDGE
das

             Digitally signed by
             REENA PARTHO
             SARKAR
             Date: 2022.10.13
             15:22:15 +05'30'