Loolie @ Guddu @ Waseem Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 14252 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2528 of 2018
                                     (LOOLIE @ GUDDU @ WASEEM KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-08-2023
                                Shri Narendra Jain - Advocate for the appellant.

                                Shri Ajay Shukla - Govt. Advocate for the respondent/ State.

Heard on I.A.No.18385 of 2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -Loolie @ Guddu @ Waseem Khan arising out of judgment dated 22.03.2018

delivered in S.T. No. 146/2016 by 11th Sessions Judge, Jabalpur.

The appellant has been convicted under Section 302, 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.3000/- and under Section 25(1-b)(b) sentenced undergo RI for two years with fine of Rs.1000/- with default stipulations.

Learned counsel for the appellant, at the threshold, submits that his previous application was dismissed by a detailed order dated 12.10.2018. However, considering the statements of (PW-1), (PW-3) and custody period, he may be given benefit of suspension of sentence.

Learned G.A. opposed the prayer on the basis of objection. This Court on 12.10.2018 recorded as under:-

"This is an application for suspension of custodial sentence awarded to the appellant-Loolie @ Guddu @ Waseem Khan who stands convicted for offences punishable under Section 302,34 of the I.P.C. and under Section 25(1-B)(b) of the Arms Act for having committed murder of Raja Laaden. For offence punishable under Section 302/34 of the IPC he has been sentenced to undergo R.I. for life and for offence punishable under Section 25(1-B)(b) of the Arms Act he has been sentenced Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 8/29/2023 6:06:10 PM

to under go R.I. for 2 years.

According to prosecution case, the incident took place on 1.1.2016 at about 11.45 p.m. in the night and immediately after the incident, injured Raja Laaden lodged the F.I.R. in Police Station Belbagh, Jabalpur naming appellant and co-accused Sachin @ Sanju Sonkar as the author of crime. From Police Station Belbagh, he was referred to Victoria Hospital Jabalpur and from Victoria Hospital deceased was taken to the City Hospital, Jabalpur where succumbed to the injury at 1.40 in the night. The prosecution also relied on the evidence of PW-4 Mohd. Iqbal and PW-10 Mohd. Asif . They are also witnessed to the oral dying declaration.

Considering the evidence that has come on record, trial Court found appellant guilty of the offence and therefore, sentenced him to undergo R.I. for life.

The bail application is opposed by the State counsel. After having heard rival submission and considering the evidence that has come on record against the appellant, we are of the considered opinion that no case for suspension of the custodial sentence is made out." Considering the aforesaid, we find no reason to take a different view.

Hence, IA is dismissed.

Appellant may renew his prayer after completing 10 years of actual sentence.

                             (SUJOY PAUL)                                    (ACHAL KUMAR PALIWAL)
                                JUDGE                                                JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 8/29/2023
6:06:10 PM