Zafar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12924 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 839 of 2023
                                         (ZAFAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 09-08-2023
                               Shri Amar Singh Rathore, learned counsel for the appellant.

                               Shri Anand Bhatt, learned counsel for the Respondent [COMP].

Shri Gaurav Singh Chouhan, learned Dy. G.A. for respondent/State.

Heard o n I.A. No.8869/2023, which is first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail

moved on behalf of the appellant No.7- Rais Baig.

Learned Trial Court has convicted the appellant under Section 307/149 of IPC and sentenced him to undergo R.I. of 7 years with fine of Rs.1,000/- (three counts), Section 148 of IPC and sentenced him to undergo R.I. of 2 years with fine of Rs. 500/-, Section 302/149 of IPC and sentenced him to undergo Life imprisonment with fine of Rs. 10,000/- and Section 341 of IPC and sentenced him to undergo R.I. of 1 month with fine of Rs. 500/- with default stipulations, vide judgement of conviction and order of sentence dated 24.12.2022 passed by the Third Additional Sessions Judge, Dewas District- Dewas (M.P.) in S.T.

No.321/2019.

The prosecution story found to be proved is that, on 21.05.2019 at about 7:30 pm altercation took place between Sohail and Javed and accused persons seven in numbers including the present appellant. As a result, the accused stopped them and started beating them with lathi and danda and thereafter, one of the co-accused namely Javed inflicted knife injury on his stomach due to which, the deceased Sarfuddin died.

Learned counsel for the appellant submitted that he has not committed Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 8/9/2023 6:39:33 PM

any offence and he has falsely been implicated in the case. There is no allegation of beating the deceased on the present appellant. There is also no specific allegation of his presence on the spot. He is in custody since the date of judgment i.e. 24.12.2022. Final hearing of this appeal is not possible in near future therefore, it is prayed that the remaining sentence may be suspended and the appellant may be released on bail.

P er contra, learned counsel for the respondent/State has opposed the prayer and he prayed for rejection of application for suspension of sentence of the appellant. He submitted that there were four injured persons who have deposed against the present appellant that he had also inflicted injuries by means

of lathi, due to which they also received injures. Even if there is no allegation of beating the deceased, however, the appellant was involved in the offence, therefore, Section 307 of IPC gets attracted. More so, appellant has not suffered considerable period of custody. Hence, the application for suspension deserves to be dismissed.

We have heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case and considering the evidence available on record coupled with the fact that appellant has not put in considerable period of custody as against the sentence awarded to him, no case for grant of suspension of sentence is made out.

Accordingly, I.A. No.8869/2023 is hereby rejected.

                            (S. A. DHARMADHIKARI)                                     (PRANAY VERMA)
                                     JUDGE                                                JUDGE

                         Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 8/9/2023
6:39:33 PM