Madhya Pradesh High Court
Mohmmad Kafil vs Union Of India Ministry Of Home ... on 5 July, 2023
Author: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4566 OF 2023
(Mohammad Kafil vs The State of Madhya Pradesh)
Indore, Dated 05.07.2023
Ms. Archana Kher, counsel for the appellant.
Mr. Manoj Soni, counsel for the respondent-Union of India.
Heard on IA No.8307/2023 which is first temporary
application filed under Section 389 (1) of Criminal Procedure
Code, 1973, on behalf of appellant - Mohammad Kafil S/o Shri
Mohammad Shakil who has been convicted by learned Special
Judge, NDPS Act, 1985, District-Shajapur (MP) in Special Session
Trial No.03/2017 vide judgment dated 17.03.2023 and has been
sentenced him as under:
Conviction Sentence
Section & Act Imprisonme Fine Amount Imprisonment in
nt lieu of fine
8 & 21 (C) 10 years RI Rs.1,20,000/- 01 year RI.
NDPS Act
(2) This application for temporary suspension of sentence has
been filed on the ground of pregnancy of appellant's wife.
(3) Counsel for the appellant submits that appellant's wife is
pregnant and there is no member in the family to look after her
and the Doctor has given the date of delivery in the first week of
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 05-07-
2023 18:12:35
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4566 OF 2023
(Mohammad Kafil vs The State of Madhya Pradesh)
July, 2023. The medical papers in this regard has also been
submitted which proves the factum of pregnancy. Hence prays for
temporary suspension of sentence for a period of two months to
the appellant.
(4) Per contra, counsel for the respondent - Union of India has
submitted that the factum of pregnancy of appellant's wife has also
been verified.
(5) Having considered the aforesaid facts and after hearing
counsel for the parties, it was found that appellant's wife is
pregnant and her treatment is going on and her delivery date has
been given by the Doctor in the first week of July, 2023 and the
factum of pregnancy cannot be challenged. Hence, this Court finds
it expedient to allow the present temporary suspension application
for a period of two months. Accordingly, application IA
No.8307/2023 is allowed.
(6) It is directed that substantive jail sentence of appellant -
Mohammad Kafil S/o Shri Mohammad Shakil shall be
temporarily suspended for a period of two months only (60 days)
from the date of his release upon furnishing a personal bond in the
sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 05-07-
2023 18:12:35
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4566 OF 2023
(Mohammad Kafil vs The State of Madhya Pradesh)
surety of like amount to the satisfaction of concerned trial Court
with an undertaking that he/she shall surrender immediately after
completion of the aforesaid period from the date of his/her release.
Accordingly, application IA No.8307/2023 stands disposed of.
(7) Certified copy as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 05-07-
2023 18:12:35
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4566 OF 2023
(Mohammad Kafil vs The State of Madhya Pradesh)
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 05-07-
2023 18:12:35
