Madhya Pradesh High Court
Shahjad vs The State Of Madhya Pradesh on 6 July, 2023
Author: Anuradha Shukla
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7219 of 2021
(SHAHJAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 06-07-2023
Shri Jafar Khan - Advocate for appellant no.2.
Shri Vinod Tiwari - Panel Lawyer for the State.
Heard on I.A No.14508/2023, which is third application under Section
389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf
of appellant no.2 Sohail alias Shoeb.
Appellant no.2 has been convicted for the offences punishable under
Section 307 of IPC and sentenced to undergo R.I. for 5 years with a fine of
Rs.500/- and under Section 25(1-B)(B) of the Arms Act and sentenced to
undergo R.I. for 1 year with fine of Rs.500/-, with default stipulations.
Learned counsel for appellant no.2 submits that appellant no.2 is innocent
and has falsely been implicated in the matter. The learned trial Court has erred in
not appreciating the fact that there are material omissions and contradictions in
the versions of the prosecution witnesses. He further submits that there is no
likelihood of the hearing of appeal in near future. Hence, it is prayed that the
application for suspension of sentence may be considered.
On the other hand, learned counsel for the State opposes the application
and prays for its rejection.
Heard learned counsel for the parties and perused the judgment and
record of the court below.
On perusal of record, it is reflected that appellant no.1 Shahjad was given
the benefit of bail vide order dated 18.4.2023. The prosecution case suggests
that two stab wounds by appellant no.1 and two stab wounds by appellant no.2
were caused to the complainant. Thus, the case of present appellant no.2 Sohail
alias Shoeb is identical to that of appellant no.1 Shahjad.
Looking to the similarity of facts and circumstances of the case, and also
the order passed on 18.4.2023, this Court is of the opinion that it would be
appropriate to suspend the jail sentence of the appellant. Accordingly, I.A. filed
on behalf of appellant no.2 is allowed.
It is directed that subject to deposit of fine amount, if already not
deposited, and on furnishing a personal bond by appellant no.2 in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of learned trial Court for his regular appearance
before the concerned trial Court, the execution of custodial part of the
remaining sentence imposed against appellant no.2 shall remain suspended, till
final disposal of this appeal.
Appellant no.2, after being enlarged on bail, shall mark his presence
before the concerned trial Court on 11.10.2023 and on all such subsequent
dates, which are fixed in this regard by the concerned trial Court.
List for final hearing in due course.
(ANURADHA SHUKLA)
JUDGE
ps
Digitally signed by PRASHANT
SHRIVASTAVA
Date: 2023.07.07 11:36:12 +05'30'
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