Madhya Pradesh High Court
Sultan @ Barkat Ali vs The State Of Madhya Pradesh on 30 June, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5721 of 2019
(SULTAN @ BARKAT ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 30-06-2023
Shri Sourabh Bhushan Shrivastava - Advocate for the appellants.
Shri Arvind Singh - Government Advocate for the respondent-State.
A t the outset, learned counsel for the appellants seeks to withdraw
I.A.No.813 of 2020 to the extent it relates to appellant No.1-Sultan @ Barkat
Ali, appellant No.2-Subhan Ali and appellant No.4- Aajad Ali with the liberty to
renew it at appropriate stage.
Learned Government Advocate has no objection.
I.A.No.813 of 2020 is partly dismissed as withdrawn so far it relates
to appellants No.1, 2 and 4.
Heard on I.A. No.813 of 2020, an application filed under Section 389(1)
of Cr.P.C. for suspension of sentence and grant of bail to appellant No.3-
Golu @ Arif Ali arising out of judgment dated 05/07/2019 delivered in S.T.
No.239/2014 by 4th Additional Sessions Judge, Gadarwara, District
Narsinghpur (MP).
T his appellant has been convicted under Section 148 of IPC and
sentenced to undergo R.I. for 6 months with fine of Rs.500/-, Section 330 r/w
149 of IPC and sentenced to undergo R.I. for 3 months with fine of Rs.500/-,
Section 323/149 of IPC and sentenced to undergo R.I. for 3 months with fine
of Rs.500/-, Section 325/149 of IPC, Section 302/149 of IPC and sentenced to
undergo Life imprisonment with fine of Rs.2000/ and Section 427/149 of IPC
and sentenced to undergo R.I. for 3 months with fine of Rs.500/- with default
stipulations.
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/3/2023
11:01:14 AM
Learned counsel for the appellants fairly submitted that this is second
application for suspension of sentence of these appellants.
Learned counsel for the appellant No.3 submits that the case of the
prosecution is based on circumstantial evidence. As per prosecution story,
appellants have previous animosity with deceased The appellant No.3 has
participated in the offence by using kick and fist. Learned counsel further
submits that the final hearing of this appeal will take time, therefore, the
remaining jail sentence of appellant No.3 may be suspended.
Learned Government Advocate has vehemently opposed the application
and supported the impugned judgment.
Considering the aforesaid factual backdrop, period of custody coupled
with the fact that final hearing of this appeal is not possible in near future, we
deem it proper to suspend the remaining jail sentence of the appellant No.3
Accordingly, I.A No.813/2020 is partly allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant No.3- Golu @ Arif Ali is hereby
suspended and it is directed that the appellant No.3 be released on bail on his
furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court with a further direction to appear before the trial Court,
Gadarwara District Narsinghpur on 26 th September, 2023 and also on
such other dates as may be fixed by the trial Court in this regard during the
pendency of this appeal.
Certified copy as per rules
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/3/2023
11:01:14 AM
JUDGE JUDGE
irfan
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 7/3/2023
11:01:14 AM
