Zahiruddin vs The State Of Madhya Pradesh
2023 Latest Caselaw 8090 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 8934 of 2022
                                         (ZAHIRUDDIN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 18-05-2023
                                 Shri Jitendra Sharma, learned counsel for the appellant no.1.

                                 Shri Kamal Kumar Tiwari, learned Govt. Advocate for the
                           respondent/State.

Heard on I.A. No.6895/2023 under Section 389 (1) of the Cr.P.C., moved on behalf of the appellant no.1-Zahiruddin for temporary suspension of

jail sentence and grant of bail for a period of two months on the ground of profuse bleeding from anus.

The trial Court has convicted the appellant under section 302 read with section 34 of the IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- with default stipulation vide judgment dated 09.09.2022 passed by

the 9th Additional Sessions Judge, Ujjain in S.T. No.308/2019.

Learned counsel for the appellant submits that appellant is seeking temporary suspension of jail sentence on account of profuse bleeding from anus hence, the jail sentence of the appellant may be suspended temporarily for

a period of two months.

Vide order dated 12.05.2023 medical report was called for. Report from Central Jail, Ujjain has been received in this regard stating that appellant was referred to M.Y. Hospital for operation but hospital has refused the operation due to Laser Machine failure.

In view of the aforesaid, looking to the facts and circumstances of the case and also considering the medical condition of the appellant, without commenting on the merits of the case, we are of the opinion that the appellant Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 18-05-2023 18:23:33

deserves to be released on temporary bail for a period of two months.

Accordingly, I.A. No.6895/2023 is allowed and it is directed that upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of custodial part of the sentence of appellant no.1-Zahiruddin shall remain suspended for a period of two months the date of his release. The appellant shall surrender before the jail authorities immediately after completion of two months from the date of his release, failing which the trial Court shall take necessary steps to take him into custody for serving the remaining part of jail sentence.

Certified copy as per rules.

                                  (S. A. DHARMADHIKARI)                    (PRAKASH CHANDRA GUPTA)
                                           V. JUDGE                               V. JUDGE

                           ajit




Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 18-05-2023
18:23:33