Ajmal @ Rumalya vs The State Of Madhya Pradesh
2023 Latest Caselaw 12713 MP

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 1323 of 2017
                                           (AJMAL @ RUMALYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-08-2023
                                Shri Gyanendra Sharma, learned counsel for the appellant.

                                Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.3466/2023, which is second repeat application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of appellant - Ajmal alias Rumalya S/o Naharmal.

2. The appellant has been convicted under Section 302 r/W 34 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 200/- with default stipulation, vide judgement of conviction and order of sentence dated 30.01.2015 passed by the learned Sessions Judge, District Badwani(M.P.) in Sessions Trial No.59/2013.

3. Appellant's first application was dismissed on merits vide order dated 14.08.2018.

4. The prosecution story found to be proved is that on 11.02.2003, at about 2:00 p.m., complainant who is the wife of deceased had lodged a

complaint to the effect that her husband Sakariya went alongwith appellant to Tulan to meet his son. In the morning, at about 5:00 a.m., appellant called Nakalya, Bilu and Bheem Singh and started beating her husband. On hearing the noise, her daughter Ringu went out of the house and had seen that Nakalya had given faliya blow to her father Sakalya and the present appellant and Bilu had caused injuries on the face and head of her father by using stone, due to which deceased succumbed to injuries.

5. Learned counsel for the appellant submitted that the present appellant Signature Not Verified Signed by: SEHAR HASEEN Signing time: 8/7/2023 5:16:12 PM

has been falsely implicated in the case. The appellant is in custody since 05.04.2013 and had suffered jail incarceration for more than ten years. PW-1 Tirmal who was the eye-witness has turned hostile. However, PW-3 Ringu, daughter of the deceased has supported the story of prosecution. There are lot of contradictions and omissions in the statement of the prosecution witnesses This appeal is of the year 2017 and final hearing of this appeal is not possible in near future, therefore, it is prayed that the remaining jail sentence of the appellant may be suspended and he may be released on bail.

6. Per contra, learned Government Advocate for the respondent/State has supported the impugned judgment and prays for rejection of the

application for suspension of sentence.

7. We have heard learned counsel for both the parties and perused the record.

8. Looking to the facts and circumstances of the case and considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future, I.A. No.3466/2022 is allowed and the jail sentence of the appellant - Ajmal S/o Naharmal shall remain suspended.

9. It is directed that subject to depositing the fine amount, if already not deposited, appellant - Ajmal S/o Naharmal shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court, for his appearance before the concerned trial Court firstly on 11.09.2023, and on such other dates, as may be fixed by the concerned Court in this regard, till final disposal of this appeal.

Signature Not Verified Signed by: SEHAR HASEEN Signing time: 8/7/2023 5:16:12 PM

10. List for final hearing as per its turn.

C.C. as per rules.

                               (S. A. DHARMADHIKARI)                              (PREM NARAYAN SINGH)
                                        JUDGE                                            JUDGE

                          sh




Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 8/7/2023
5:16:12 PM