Mubarik Alias Kariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 20921 MP

Madhya Pradesh High Court

Mubarik Alias Kariya vs The State Of Madhya Pradesh on 11 December, 2023

Author: Sujoy Paul

Bench: Sujoy Paul

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 957 of 2022
                                     (MUBARIK ALIAS KARIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-12-2023
                                 Shri Pushpendra Dubey - Advocate for the appellant no. 1- Mubarik @

                           Kariya.
                                 Shri Anubhav Jain - Government Advocate for the respondent/State.

Heard on I.A. No.20277/2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant no.1-

Mubarik @ Kariya arising out of judgment dated 07.12.2021 delivered in S.T. No.7100758/2013 passed by 19th Additional Sessions Judge, Jabalpur.

The appellant no.1 has been convicted and sentenced for the offence punishable under Section 302 R/w 34 of IPC and 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 16.08.2013. This Court was kind enough in permitting the appellant to renew his application for suspension of sentence after completing 10 years' actual sentence by Court order dated 31.01.2023. By taking this Court

to the prosecution story, it is submitted that the accused persons had a quarrel with the brother of Sarfaraj namely Faizal. At around 10.30 P.M. the appellant along with accused persons reached the house of Sarfaraj by carrying certain weapons in their hands. The accused persons abused Sarfaraz and during the quarrel appellant allegedly caused an injury to Gulam Gaus by means of a knife in his stomach. Learned counsel for appellant submits that para 14 of impugned judgment shows that it is highly doubtful as to whether appellant was carrying any knife but it is also doubtful whether appellant was carrying a baseball bat.

The statements of Mohd. Raheesh (PW/2) and Rehana Bano (PW/7) are inconsistent and on the basis of these statements no conclusive finding can be given. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant no. 1 may be suspended.

Shri Anubhav Jain, learned Government Advocate opposed the prayer on the basis of objection and urged that it is not a case of sudden quarrel. Instead, it is a case where appellant came with predetermination and hence, bail be rejected.

Considering the period of custody and bleak 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.20277/2023 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- Mubarik @ Kariya 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, Jabalpur 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)                                   (BINOD KUMAR DWIVEDI)
                                  JUDGE                                               JUDGE

                           b