Madhya Pradesh High Court
Imran vs The State Of Madhya Pradesh on 8 December, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4345 of 2023
(IMRAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-12-2023
Shri Satyendra Malviya, learned counsel for the appellants.
Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.
1. Heard on I.A.No.14994/2023, second application under Section
389 (1) of the Cr.P.C., moved on behalf of the appellant No.1 - Imran S/o
Khudabaksh Qureshi for temporary suspension of sentence and grant of bail
on the ground of cancer detected in the uterus ovary of wife of appellant No.1
namely Mehzabee Qureshi.
2. This Criminal appeal assails the judgment dated 09.01.2023 passed
by the First Additional Sessions Judge, Jaora to the Court of First Additional
Judge, Jaora, District-Ratlam (MP) in Session Trial No.41/2018, whereby
appellant No.1 Imran has been convicted under Section 302 of IPC and
sentenced to undergo Life Imprisonment with fine of Rs.5,000/- with default
stipulations, Section 324 of IPC and sentenced to undergo one year's
imprisonment with fine of Rs.1,000/- with default stipulations and Section 25(1-
B)(B) of the Arms Act, 1959 and sentenced to undergo one year's
imprisonment with fine of Rs.1,000/- with default stipulations.
3. Learned counsel for the appellants submitted that appellant No.1's
wife is suffering from cancer and the Doctor has advised for chemotherapy and
radio therapy. For this purpose huge expenditure is required and for the same
he has to arrange for money.
4. Per contra, learned counsel for the respondent/State has opposed
the prayer.
5. Medical report in respect of the ailment dated 24.11.2023 has been
filed which is taken on record.
6. Having considered the aforesaid facts and after hearing counsel for
the appellant No.1, it was found that appellant No.1's wife is suffering from
cancer detected in the uterus ovary which needs immediate medical treatment
and surgery which has been advised by Doctor. Hence, this Court finds it
expedient to allow the present temporary suspension application for a period of
one month. Accordingly, application I.A.No.14994/2023 is allowed. The
custodial sentence of the appellant No.1 Imran is temporarily suspended and
it is directed that he be released on bail for a period of one month from the
date of his release and on his furnishing bail bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of like amount to the
satisfaction of the trial Court concerned subject to the condition that the
appellant No.1 Imran shall surrender immediately on expiry of one month period
before trial Court concerned for being committed to custody.
7. Registry is directed to requisition the report of surrender from the
concerned trial Court on or before the next date of hearing.
8. Also heard on IA No.14995/2023, first application under Section
389 (1) of the Cr.P.C., moved on behalf of the appellant No.2 - Jabbar Alias
Mittu Alias Ahmed Hussain S/o Ahmed Qureshi for temporary suspension
of sentence and grant of bail.
9. On due consideration, application (IA No.14995/2023) for
temporary suspension of sentence and grant of bail is hereby rejected.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRANAY VERMA)
JUDGE JUDGE
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