Gulabi @ Abdul Tarique vs The State Of Madhya Pradesh
2023 Latest Caselaw 6589 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 441 of 2016
                                   (GULABI @ ABDUL TARIQUE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 24-04-2023
                                 Shri Kailash Chand Paliwal - Advocate for appellants No.4.

                                 Shri Amit Rawal - Govt. Advocate for the respondent/State.

Heard on I.A.No.4121/2023, which is third application under Section 389(1) of the Cr.P.C. for suspension of custodial sentence on behalf of appellant No.4 Abdul Haq.

The appellant No.4 stands convicted vid e judgment dated 23/02/2016 passed by Special Judge, SC/ST Act, Indore District Indore (M.P.) in S.T. No.87/2012 under Sections 148, 326/149 (2 counts) and 302/149 and has been sentenced to under go 01 year RI, 03 years RI with fine of Rs.1,000/- for each count and Life Imprisonment with fine of Rs.3,000/- respectively with default stipulation.

It is a repeat application for suspension of sentence on behalf of the appellant No.4 Abdul Haq, who said to have caused injury to by means of sword to Shakir Sheikh on his hand. So far as the fatal injury caused to Shakir

is concerned, that was caused by Gulabi @ Abdul on his head and second was caused by Naushad. Apart from that there are omnibus allegation against this appellant. Learned counsel for the appellant submits that this appellant has suffered jail incarceration for more than 11 years and looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

On the other hand, the learned counsel appearing for the respondent/State opposes the prayer by supporting the impugned judgment and submitted that the trial Court after due appreciation of evidence has rightly convicted this appellant. Hence, he is not entitled to be released on bail and therefore, application be dismissed.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that the injury caused by the appellant is simple in nature and the fatal injuries have been caused by other accused persons; appellant is languishing in jail for last 11 years and final conclusion of the appeal will also take sufficient long time.

Hence, I deem it proper to suspend the remaining custodial sentence of the appellant.

It is directed that subject to deposit of the fine amount, if not already deposited, with the trial Court and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of remaining custodial part of the sentence of the appellant No.4 Abdul Haq shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 28/11/2023 and on all such subsequent dates, which are fixed in this behalf.

With the aforesaid, IA.No.4121/2023 stands disposed of. List the appeal for final hearing in due course. Certified copy as per rules.

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM

(VIVEK RUSIA) (ANIL VERMA) JUDGE JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 4/25/2023 10:42:18 AM