Mohd. Arif vs The State Of Madhya Pradesh
2023 Latest Caselaw 20806 MP

Madhya Pradesh High Court

Mohd. Arif vs The State Of Madhya Pradesh on 8 December, 2023

Author: Chief Justice

Bench: Chief Justice

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2052 of 2012
                                        (MOHD. ARIF AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-12-2023
                                Shri Vikalp Soni - Advocate for appellants.

                                Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.28541 of 2023.

2. This is a repeat application seeking for suspension of sentence and bail filed on behalf of accused/appellants No.1, 2 and 3 - Mohd. Arif, Mohd. Anees

and Raju @ Mohd. Jaheer, who have been convicted under Section 302 read with 34 of the IPC and sentenced to imprisonment for life with fine of Rs.75000/- each. Appellant No.1 has also been convicted under Section 325 of the IPC and sentenced to R.I. for 5 years with fine of Rs.25000/-. Appellants No.2 and 3 have also been convicted under Section 325 read with 34 of the IPC and sentenced to R.I. for 5 years with fine of Rs.25000/- each, with default stipulations vide impugned judgment dated 11.09.2012 passed by the 9th Additional Sessions Judge, Bhopal in Sessions Trial No.662 of 2010.

3. However, the only ground urged by the learned counsel for appellants is

of a period of custody undergone by the appellants. The appellants are in custody for a period of around 13 years. The period of custody is not disputed by the learned Public Prosecutor.

4. In view of long period of custody undergone by the appellants and by applying the judgment of the Hon'ble Supreme Court dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others), the appellants are entitled to be enlarged on bail. The manner in which the offence has been committed does not fall within the exceptions as carved

out by the Hon'ble Supreme Court. The accused have been in custody for a period of 13 years. Hence, on this ground alone, the appellant are entitled to be enlarged on bail.

5. Consequently, I.A.No.28541 of 2023 is allowed.

6. Subject to deposit of the fine amounts, the remaining jail sentence of the appellants shall remain suspended and accused/appellants No.1, 2 and 3 - Mohd. Arif, Mohd. Anees and Raju @ Mohd. Jaheer are directed to be enlarged on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for their appearance before the trial

Court/concerned Court on 24.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                               (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                 CHIEF JUSTICE                                             JUDGE

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