Sonu @ Najiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 22100 MP

Madhya Pradesh High Court

Sonu @ Najiya vs The State Of Madhya Pradesh on 21 December, 2023

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 1905 of 2014
                                              (SONU @ NAJIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 21-12-2023
                                 Shri Anil Ojha, learned counsel for the appellant.

                                 Shri K. K. Tiwari, learned Govt. Advocate for the respondent/State.

1. Heard on I.A.No.15939/2023, which is third application for suspension of jail sentence of the appellant - Sonu @ Naziya, who stands convicted vide judgment dated 21.11.2014 passed by the 11th Additional

Sessions Judge, Indore, District Indore (M.P.) in Sessions Trial No.420/2013 under Section 302 of the IPC and sentenced to undergo life imprisonment and fine of Rs.500/- with default stipulation, Section 25(1-B)(B) of the Arms Act and sentenced to undergo RI for one year and fine of Rs.500/- with default stipulation and Section 27 of the Arms Act and sentenced to undergo three years rigorous imprisonment and fine of Rs.500/- with default stipulation. First application (IA No.656/2015) was dismissed on merit vide order dated 25.02.2015 and second application (IA No.10585/2023) was dismissed for want of prosecution vide order dated 05.10.2023.

2. As per prosecution story, on 20.02.2013, Sandeep Sharma, who was working under Asif as a driver heard sound of gunshot. He reached to the spot and saw that appellant Sonu @ Naziya was holding gun in her hand and blood was oozing from the head of Asif. He informed the Police and F.I.R. was registered. After that investigation was carried out and appellant was arrested.

3. Learned counsel for the appellant submitted that appellant is a lady and has been falsely implicated and convicted in the case. She is in custody for last about 11 years. Sandeep Sharma (PW-5) has stated that he came on the

place of incident after the actual incident took place and merely saying that the appellant was holding gun in her hand conclusion cannot be drawn. The appeal is of the year 2014 and final hearing of the same will take time and the final disposal will take considerable time. Therefore, learned counsel for the appellant prays that the remaining jail sentence of the appellant - Sonu @ Naziya be suspended and she be released on bail.

4. Learned counsel for the respondent/State opposes the prayer for suspension of jail sentence and prays for its rejection.

5. On due consideration of the facts and circumstances of the case and custody period of the appellant, without expressing any opinion on the merits of

the case, I.A.No.15939/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the Trial Court, the substantive jail sentence of the appellant - Sonu @ Naziya shall remain suspended till final disposal of the appeal and she shall be released on bail. She shall appear before the concerned trial Court firstly on 05.02.2024 and on all other subsequent dates, as may be fixed in this behalf by that Court.

Certified copy as per rule.

                                (S. A. DHARMADHIKARI)                                  (PRANAY VERMA)
                                         JUDGE                                             JUDGE

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