Madhya Pradesh High Court
Imran vs The State Of Madhya Pradesh on 10 July, 2023
Author: Sushrut Arvind Dharmadhikari
1
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4345 OF 2023
(Imran & Another vs The State of Madhya Pradesh)
Indore, Dated 10.07.2023
Mr. Ashutosh Surana, counsel for the appellants.
Mr. Kamal Tiwari, counsel for the respondent/State.
Heard on IA No.5592/2023 which is an application for
temporary suspension under Section 389 of Criminal Procedure
Code, 1973, filed on behalf of appellant No.1 - Imran S/o
Khudabaksh Qureshi who has been convicted by learned First
Additional Sessions Judge, Jaora to the Court of First Additional
Judge, Jaora, District-Ratlam (MP) in Session Trial No.41/2018
vide judgment dated 09.01.2023 and has been sentenced him as
under:
Conviction Sentence
Section & Imprisonment Fine Amount Imprisonment in
Act lieu of fine
302 IPC Life Rs.5,000/- 03 months RI
Imprisonment
324 IPC 01 year RI Rs.1,000/- 01 month RI
25(1-B)(B) 01 year RI Rs.1,000/- 01 month RI
Arms Act,
1959.
(2) This application for temporary suspension of sentence has
been filed on the ground of cancer (VIA positive) of appellant
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 11-07-
2023 09:57:46
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4345 OF 2023
(Imran & Another vs The State of Madhya Pradesh)
No.1 wife.
(3) Counsel for the appellant submits that appellant No.1 wife is
suffering from cancer (VIA positive) and there is no member in the
family to look after her and the Doctor has advised for immediate
medical treatment and surgery. The medical papers in this regard
has also been submitted which proves the factum of surgery.
Hence prays for temporary suspension of sentence for a period of
two months to the appellant.
(4) Per contra, counsel for the respondent/State has opposed the
prayer.
(5) Having considered the aforesaid facts and after hearing
counsel for the appellant No.1, it was found that appellant No.1
wife is suffering from cancer (VIA positive) which needs
immediate medical treatment and surgery which has been advised
by Doctor. Hence, this Court finds it expedient to allow the present
temporary suspension application for a period of one month.
Accordingly, application IA No.5592/2023 is allowed.
(6) It is directed that substantive jail sentence of appellant No.1
- Imran S/o Khudabaksh Qureshi shall be temporarily
suspended for a period of one month only (30 days) from the date
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 11-07-
2023 09:57:46
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4345 OF 2023
(Imran & Another vs The State of Madhya Pradesh)
of his release upon furnishing a personal bond in the sum of
Rs.50,000/-(Rupees Fifty Thousand) with one solvent 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.5592/2023 stands disposed of.
(7) It is made clear that after surrender, the appellant No.1 must
file all the medical treatment papers of his wife in respect of
cancer.
(8) Certified copy, as per Rules.
(S.A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
Arun/-
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 11-07-
2023 09:57:46
HIGH COURT OF MADHYA PRADESH AT INDORE
CRIMINAL APPEAL NO.4345 OF 2023
(Imran & Another vs The State of Madhya Pradesh)
Signature Not Verified
Signed by: ARUN NAIR
Signing time: 11-07-
2023 09:57:46
