Gulafam @ Langu Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 7427 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 5946 of 2019
                                   (GULAFAM @ LANGU KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                         Dated : 08-05-2023
                                 Shri M. Shafiqullah - Advocate for the appellant Gulfam @ Langu

                         Khan.
                                 Shri Yogesh Dhande - Government Advocate for the respondent/State.

Heard on I.A No.4021 of 2021, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Gulfam

@ Langu Khan arising out of judgment dated 27/04/2019 delivered in Special Case No.11/2014 by Special Judge (SC/ST (Prevention of Atrocities) Act, 1989, Shahdol.

This appellant has been convicted under Section 302/34 of the I.P.C. and sentenced to undergo R.I. for life with fine of Rs.1000/-, Section 323/34 of IPC, Section 307/34 of IPC and sentenced to undergo R.I. for life with fine of Rs.1000 and under Section 4 read with Section 25(1-b)(b) of Arms Act and sentenced to undergo R.I. for 1 year with fine of Rs.1000/-, with default stipulation.

As per prosecution story, on 03/11/2013 there was a sudden quarrel which took an ugly shape and during that appellant allegedly assaulted deceased Anil Sonker by means of a knife because of that he died on 15/11/2013. By taking this Court to the prosecution story, learned counsel for the appellant submits that the quarrel was outcome of heat of passion and in the entire judgment, there is no finding about any 'pre-meditation' or 'motive' on the part of appellant. Appellant remained in actual custody for more than 9 years 6 months. Necessary ingredients for attracting Section 302 of IPC are not Signature Not Verified Signed by: MANJU Signing time:

5/9/2023 2:12:58 PM

available. Final hearing of this appeal is not possible in near future. Considering the aforesaid, remaining jail sentence of the appellant may be suspended.

Learned Government Advocate opposed the prayer on the basis of objection.

We have heard the parties at length and perused the record. Considering the aforesaid factual backdrop and period of custody, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant. Accordingly, I.A No. 4021 of 2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the

remaining jail sentence of appellantGulfam @ Langu Khan is hereby suspended and it is directed that this appellant 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,

Shahdol District Shahdol on 17 th July, 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)                                 (AVANINDRA KUMAR SINGH)
                               JUDGE                                              JUDGE

                         manju




Signature Not Verified
Signed by: MANJU
Signing time:
5/9/2023 2:12:58 PM