Sadique vs The State Of Madhya Pradesh
2023 Latest Caselaw 20808 MP

Madhya Pradesh High Court

Sadique vs The State Of Madhya Pradesh on 8 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 1150 of 2016
                                          (SADIQUE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 08-12-2023
                                 Shri R.S. Patel - Advocate for the appellant no. 1- Sadique.

                                 Shri Ajay Shukla - Government Advocate for the respondent-State of

M.P.

Heard on I.A. No.27578 of 2023 application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no.1-

Sadique arising out of judgment dated 13.4.2016 delivered in S.T. No.277 /2013 passed by Second Additional Sessions Judge, Tikamgarh.

The appellant no.1 has been convicted and sentenced for the offence punishable under Section 302 of IPC a n d sentenced to undergo Life Imprisonment with fine of Rs.5000/- with default stipulation.

Learned counsel for appellant no. 1 submits that the appellant no. 1 is in actual custody from 25.10.2013. The prosecution story shows that relations between the appellant no. 1 and the deceased- Nafish were not cordial. Their shops were adjacent to each other. On a sudden quarell which took an ugly

shape, the appellant no. 1 alleged caused one injury to the victim by means of a 'Suja' because of which the victim succumbed to the injuries. The necessary ingredients for attracting the definition of 'murder' are not satisfied. Final hearing of this appeal of 2016 is not possible in near future. Thus, remaining jail senescent of appellant no. 1 may be suspended.

The prayer is opposed by learned Government Counsel on the basis of objection.

Considering the period of custody and aforesaid factual backdrop and

little chances of final hearing of this appeal in near future, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant no.1.

Accordingly, I.A. No.27578 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant no.1 is hereby suspended and it is directed that appellant no.1- Sadique be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Tikamgarh on

11.01.2024 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per Rules.

                                (SUJOY PAUL)                                            (VINAY SARAF)
                                   JUDGE                                                    JUDGE

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