Madhya Pradesh High Court
Sadar Mohammed vs The State Of Madhya Pradesh on 25 April, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 833 of 2017
(SADAR MOHAMMED AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-04-2023
Shri C.L.Yadav, learned Senior Advocate for the appellant.
Shri Lokesh Kumar Bhatnagar, learned counsel for the appellant.
Shri Amit Rawal, learned Government Advocate for the
respondent/State.
Shri Aman Mourya, learned counsel for the respondent [COMP].
Heard on I.A. No. 2318/2023 which is fourth bail application filed under
Section 389(1) of Cr.P.C. for suspension of custodial sentence on behalf of
Appellant No. 3 Mehboob Khan.
The appellant No. 3 stands convicted vide judgment dated 28.03.2017
passed by First Additional Sessions Judge, Sujalpur (M.P.) in S.T. No.88/2013
under Sections 302/149 of I.P.C. and has been sentenced to undergo life
imprisonment with fine of Rs.5,000/- with default stipulation, under Sections
325/149 of I.P.C. and has been sentenced to undergo three years R.I. with fine
of Rs.2,000/- with default stipulation and under Section 148 of I.P.C. and has
been sentenced to undergo two years R.I. with fine of Rs. 1,000/- with default
stipulation.
The appellant has applied for suspension of sentence solely on the
ground that they have been completed more than 12 years 9 months custody in
the jail and co-accused Mustak Khan has been granted suspension of sentence
by the Apex Court in Criminal Appeal No. 1173/2023 (Mustak Khan Vs. State
of Madhya Pradesh) which is reproduced as under :-
Leave granted.
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 26-04-2023
10:22:21
We have heard learned counsel for the parties.
Considering the fact that the co-accused have been granted
bail and the appellant has completed 10 years and 1 month
without remission and 12 years 9 months with remission and there
is no likelihood of appeal pending before the High Court being
decided expeditiously, we are inclined to release the appellant on
bail.
Accordingly, the appellant be released on bail on such terms
and conditions as the trial Court may deem fit and proper to
impose.
The appeal stands disposed of.
Learned Government Advocate for the respondent/State opposes the
prayer for suspension of remaining jail sentence of appellants.
Heard.
In order to maintain parity as co-accused Mustak Khan has already been
granted the benefit of suspension of sentence by Apex Court vide order dated
18.04.2023 passed in CRA.No.1173/2023 and that this appeal is of 2017 and
there is no likelihood of final hearing of this criminal appeal in near future,
without commenting on the merits of the case, the IA No. 2318/2023 is allowed
and execution of remaining jail sentence of the appellant No. 3 Mehboob Khan
is hereby suspended till the final disposal of this appeal and it is ordered that the
appellants be released on bail on his furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like
amount to the satisfaction of the learned trial Court for his appearance before
the Registry of this Court on 12.7.2023 and on all such subsequent dates, which
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 26-04-2023
10:22:21
are fixed in this regard by the Registry.
Shri Akhilesh Saxena, learned counsel for the appellant No. 2 (Naim
Khan) seeks permission to file Interlocutory Application.
Permission is granted. Office is directed to register the aforesaid
application.
Certified copy as per rules.
(VIVEK RUSIA) (SUBODH ABHYANKAR)
JUDGE JUDGE
Vindesh
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 26-04-2023
10:22:21
