Madhya Pradesh High Court
Aarif vs The State Of Madhya Pradesh on 14 February, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9965 of 2022
(AARIF AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 14-02-2023
Shri Nilesh Agrawal - Advocate for the appellant.
Shri Abhishek Bhargava - G.A. for the respondent/State.
Heard on I.A. No.14219/2022 which is FIRST application under Section
389(1) of Code of Criminal Procedure, 1973 for suspension of remaining jail
sentence and grant of bail filed on behalf of appellants - Aarif and Ashiq @
Aasif.
The appellants have been convicted under Section 307 r/w 34 of IPC and
sentenced to undergo 7 years' R.I. with fine of Rs.5,000/- with default
stipulation.
As per prosecution story, on 10.11.2021 at around 22:00,
complainant/Injured Jafar along with his brother Suleman and his cousin brother
Ellu were going on scooter to take tea at Hattoad. When they reached on
Hattoad ghati accused Aarif and [email protected] met him and stopped their
scooter due to financial matter and started abusing when they stopped them
accused Aarif attacked with intention to kill him with knife and stabbed to his
left abdomen. Accused Aashik punched and slapped Suleman and Ellu after
that he runaway. His brother Suleman and Ellu took him Hospital. In Hospital
Dehati Nalsi Ex,P-4 was recoded by Inspector Rajendra Prasad Shrivas
(P.W.08) Ws 307, 341, 294,323 r/w 34 IPC as per information given by injured
Jafar and send it for registration of FIR through Constable Vinod Mishra,
bearing his signature. On the basic of Dehati Nalsi Ex.P-4, FIR Ex.P-3 had
registered at No. 477/11 of PS Industrial Area Ratlam by ASI Madanlal Solanki
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 15-02-2023
10:33:22
(PW-4) who testify his signature.
Learned counsel for the appellants has read out Dehati Nalishi in which
there is an allegation against the Aarif of causing injury to the Jafar who later on
died and the allegation against Aashiq @ Aasif is that he assaulted Suleman and
Ellu by fist and leg. Learned Court has examined the injury in paragraph No.13
and 14 of the judgment and the deposition of doctor. He further submits that
appellants are not a habitual offender. Hence, their remaining jail sentence may
be suspended.
In view of the above, learned counsel for the appellant is not pressing the
application of suspension of jail sentence of Aarif.
In view of above, I.A. No 14219/2022 is dismissed in respect of Aarif.
Now this application is being considered only in respect of Ashiq @
Aasif.
Government Advocate opposes the aforesaid application and prays for
its rejection.
Considering the facts and circumstances of the case and arguments
advanced by learned counsel for the parties, I am of the considered opinion that
the application for suspension of custodial sentence moved on behalf of the
appellant - Aashiq @ Aasif deserved to be allowed.
Accordingly, I.A. No.14219/2022, is allowed and it is directed that
subject to depositing fine amount and on furnishing personal bond by the
appellant -Aashiq @ Asif in the sum of Rs.50,000/- (Rupees Fifty
Thousands Only) with one solvent surety in the like amount to the satisfaction
of the learned trial Court and on deposit of fine amount (if not already
deposited), the execution of custodial part of the jail sentence shall remain
Signature Not Verified
suspended, till the final disposal of this appeal. The appellant after being
Signed by: DIVYANSH
SHUKLA
Signing time: 15-02-2023
10:33:22
enlarged on bail, shall mark his presence before the Registry of this Court on
12/09/2023 and on all such subsequent dates as may be fixed by the Registry of
this Court in this regard.
List for final hearing in due course.
Certified copy, as per rules.
(VIVEK RUSIA)
JUDGE
Divyansh
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 15-02-2023
10:33:22
