Kaleem vs The State Of Madhya Pradesh
2023 Latest Caselaw 5411 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 463 of 2016
                                               (KALEEM Vs THE STATE OF MADHYA PRADESH)

                         Dated : 01-04-2023
                                Shri Siddharth Datt - Advocate for the appellant.

                                Shri Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A.No.6377/2021, which is the seventh repeat application for suspension of sentence and grant of bail filed under Section 389(1) of the Cr.P.C. on behalf of sole appellant Kaleem.

The appellant has filed this Criminal Appeal being aggrieved by the judgment of conviction and sentence dated 17/10/2015 passed by Second Additional Sessions Judge, Khandwa, District Khandwa in Sessions Trial No.13/2014, whereby the appellant has been convicted under Section 302 of the IPC and sentenced to undergo R.I. for life with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that no application for suspension of sentence and grant of bail of appellant has been dismissed earlier on merit. He further submitted that earlier on two occasions applications filed

by the appellant for temporary suspension of sentence and grant of bail were allowed. Learned counsel drew the attention of this Court towards the dying declaration (Ex.P-16), in which the name of the person who caused burn injury was mentioned as 'Kaleem Panjabi' and submits that the appellant is Mohammadan. Learned counsel also drew the attention of this Court towards the statement of husband of deceased Saleem (PW-3), who was also examined as DW-1 and when he was examined as defence witness he deposed in Para-2 that the appellant is not the person who caused burn injury to the deceased. It is Signature Not Verified Signed by: ANURAG SONI Signing time: 4/3/2023 10:36:05 AM

further submitted that the appellant is in custody since 07/11/2013, so he has remained in custody for more than nine years. This Appeal is of the year 2016 and there is no possibility of early hearing of this Appeal in near future. Hence prays for suspension of sentence and grant of bail to the appellant.

Per contra, learned Government Advocate for the respondent/State opposed the prayer and submits that the trial Court has passed the judgment after proper appreciation of evidence that came on record and has rightly held the appellant guilty for the aforesaid. Hence, prays for dismissal of the application.

We have heard learned counsel for the parties at length and perused the

record.

The first and fifth applications for temporary suspension of sentence and grant of bail were allowed by this Court vide orders dated 04/04/2016 & 12/04/2019 respectively, the second and third applications for temporary suspension of sentence and grant of bail were dismissed as infructuous vide orders dated 05/07/2016 and 12/05/2017 respectively and fourth and sixth applications for suspension of sentence and grant of bail were dismissed as withdrawn vide orders dated 20/06/2018 and 21/06/2019 respectively.

Looking to the dying declaration (Ex.P-16) of the deceased, statements of Ibbu @ Imam (PW-2) and (Saleem PW-3) as well as first para of Saleem when he was examined as defence witness No.1, at this stage we are not inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A.No.6377/2021 is hereby dismissed. However, appellant may renew the prayer after completing 10 years of actual jail sentence.

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/3/2023
10:36:05 AM

                              (SUJOY PAUL)       (AMAR NATH (KESHARWANI))
                                 JUDGE                    JUDGE
                         as




Signature Not Verified
Signed by: ANURAG SONI
Signing time: 4/3/2023
10:36:05 AM