Sharif vs The State Of Madhya Pradesh
2023 Latest Caselaw 21559 MP

Madhya Pradesh High Court

Sharif vs The State Of Madhya Pradesh on 15 December, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                        CRA No. 1323 of 2014
                                             (SHARIF AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-12-2023
                                  Shri Sanjay Kumar Sharma, learned counsel for the appellant.

                                  Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent / State.

Heard on I.A. No. 18216/2023, which is repeat (sixth) application for suspension of jail sentence filed on behalf of appellant No.1 - Sharif.

02. Vide order dated 17.02.2023, fifth (repeat) application (I.A.

No.2112/2023) for suspension of jail sentence of appellant No.1 was rejected with liberty to file afresh after completion of 10 years' of actual jail sentence.

03. The present appeal is filed against judgment dated 13.08.2014 passed b y Special Judge, SC/ST (Prevention of Atrocities) Act, District- Ratlam in Sessions Trial No.58/2010 whereby the learned Court has convicted the appellant No.1 alongwith four other accused under Sections 302/34 and 307/34 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- and R.I. for seven years with fine of Rs.1,000/- respectively with further default stipulations.

04. Learned counsel for the appellant submitted that omnibus allegations has been made against co-accused Sheru, Nahar and appellant No.1-Sharif for causing injuries to Nandkishore and Deepak. Nandkishore (deceased) died due to single stab injury and Deepak sustained as many as five injuries by means of knife. Out of four accused persons, co-accused Imran has already been granted the benefit of suspension of jail sentence vide order dated 06.04.2015 passed in Cr.A. No.1323/2014. The appellant No.1- Sharif is in jail since more than 10 years. This appeal is of the year 2014. The final hearing of this appeal is likely to

take sufficient time hence, in these circumstances, learned counsel for the present appellant prays for suspension of jail sentence of present appellant.

05. On the other hand, learned Panel Lawyer for the respondent / State opposes the prayer for suspension of jail sentence of the appellant No.1 by submitting that omnibus allegation of causing fatal injury to Nandkishore (deceased) are leveled against the present applicant.

06. Considering the facts and circumstances of the case, the arguments advanced by the counsel for the appellant No.1 and looking to the period of ten years' of jail sentence already undergone by the appellant No.1 and the fact that the final hearing of this appeal will to take sufficient time, the application is

allowed. It is directed that jail sentence passed against the appellant No.1- Sharif shall remain suspended during the pendency of this appeal and he be released on bail upon his depositing the fine amount and on furnishing the personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 13.03.2023 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Certified copy as per Rules.

                              (VIVEK RUSIA)                                            (PRANAY VERMA)
                                  JUDGE                                                    JUDGE

                           Divyansh