Madhya Pradesh High Court
Sohaib Qureshi @ Sajid Qureshi vs The Sate Of Madhya Pradesh on 29 November, 2023
Author: Hirdesh
Bench: Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12946 of 2023
(SOHAIB QURESHI @ SAJID QURESHI Vs THE SATE OF MADHYA PRADESH)
Dated : 29-11-2023
Shri Madan Singh - Advocate for the appellant.
Ms. C.K. Pal - Panel Lawyer for the respondent/State.
Heard on the question of admission.
Record of the court below is received.
Appeal is admitted for final hearing.
Heard on I.A. No. 25572/2023, an application under Section 389(1) of
the Cr.P.C for suspension of sentence and grant of bail to appellant Sohaib
Qureshi @ Sajid Qureshi arising out of judgment dated 20.09.2023 passed by
IIIrd Addl. Session Judge, Damoh, Distt. Damoh (M.P.) in ST No. 191/2019.
The appellant has been convicted for the offence punishable under
Section 307/34 of the IPC and sentenced to undergo R.I. for 7 years with fine
of Rs.10,000/- and under Section 294 of the IPC and sentenced to undergo S.I.
for 2 months with fine of Rs.100/-, with default stipulations.
The case of the prosecution in brief is that the complainant/informant
stated in Police Station Damoh Kotwali and stated that on 05.02.2019 around
08:00 pm that the complainant was at his home when his cousin Sabbir Qureshi
came and told him that in front of Parvez's house where Bunty Qureshi's
Chalisaman dinner was going on, a fighting was going on between the son of
Sonu Qureshi over the dispute of an old money transaction. Thereon, a boy
having a sharp knife in his hand and with the intention of kill Sonu, stabbed him
in the chest due to which Sonu got injuries in the chest. Blood was coming out
and he was lying on the ground. Then, that boy had run away with the knife.
Learned counsel for the appellant submitted that conclusion of the appeal
will take time. He further submitted that P.W. 12 has been declared hostile by
the prosecution and there are so many omissions and contradictions in
statement of prosecution witnesses. Hence, he prays for suspension of sentence
and grant of bail to the appellant.
Learned counsel for the respondent/State has opposed the application for
suspension of sentence and prays for its rejection.
I have heard learned counsel for the parties and perused the record.
Considering the facts and circumstances of the case and the evidence of P.W.
12, without commenting anything on the merit of the case, I am of the opinion
that the jail sentence of appellant deserves to be suspended.
Accordingly, IA No. 25572/2023 is allowed and it is directed that subject
to deposit of fine amount, if not already deposited, and on furnishing 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 trial Court, the execution of
remaining jail sentence of the appellant shall remain suspended till final disposal
of this appeal.
The appellant-Sohaib Qureshi @ Sajid Qureshi after being enlarged on
bail shall mark his presence before the concerned trial Court on 21.12.2023 and
thereafter on all subsequent dates as may be fixed in this behalf.
List the appeal for final hearing in due course.
Certified copy as per rules.
(HIRDESH)
JUDGE
vkv /-
