Madhya Pradesh High Court
Jafar @ Jhakku vs The State Of Madhya Pradesh on 10 October, 2023
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 674 of 2014
(JAFAR @ JHAKKU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 10-10-2023
Shri A.K. Jain- Advocate for appellants.
Shri A.K. Nirankari- Public Prosecutor for respondent/State.
Heard on I.A.No.18109 of 2023, third repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant No.1-Jafar @ Jhakku. His second repeat application (IA.1090 of
2023) was dismissed as withdrawn vide order dated 21.06.2023 and first
application (IA.No.2273 of 2020) was allowed temporarily for a period of 90
days vide order dated 02.07.2021.
Pres ent appellant stood convicted under Section 302/34 IPC and
sentenced to undergo imprisonment for life with a fine of Rs.5,000/- with
default stipulation vide judgment of conviction and order of sentence dated
05.04.2014 passed by Additional Judge, Sironj to the Court of Additional
Sessions Judge, Sironj, District Vidisha (M.P.) in Sessions Trial No.289 of
2013.
The present appellant so far has undergone jail sentence of 10 years and
01 month.
As per prosecution story, complainant Saleem Khan reported to the
effect that he was the resident of Salai and labourer. Habeeb Khan, resident of
Dhamukhedi Rampur, was his father in law. He received information a day
before from his brother in law Hameed Khan to the effect that he and his father
i.e. the father in law of the complainant -Habeeb Khan had been assaulted and
caused injuries by means of Luhangi and Lathi by accused Jafar @ Jhakku and
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Signed by: PAWAN
DHARKAR
Signing time: 10/10/2023
7:33:34 PM
Rabia Bee. Having received such information, he rushed to him. Since his father
in law had received number of injuries, his uncle in law, mother in law and
brother in law got him to Sironj Hospital. Whereafter he (complainant) came
back to his village Salai. Later, his brother in law (Sadu), namely, Pyare Khan
apprised him that Habeeb Khan had been referred to Bhopal Hospital where he
succumbed to the injuries sustained by him. On such information, when he
(complainant) reached village Dhamaukhedi and asked his younger brother in
law Dadda about the incident then he was apprised by him that when his father
(father in law of the complainant) was sleeping in the courtyard, on land dispute,
his father and his elder brother (elder brother in law of the complainant) were
attacked and caused injuries by means of Luhangi and Lathi by Jafar @ Jhakku
and Rabia Bee. Dehati Nalisi was reduced in writing and on the basis of Dehati
Nalisi, FIR was registered at Crime No.28/2013 by Police Station Mugalsarai.
Investigation was set in motion. Upon completion of investigation including
recording of statements, collection of evidence and necessary formalities,
challan was filed before the JMFC, Sironj, District Vidisha (M.P.) from where
the case was committed to the Sessions Court. The Sessions Court on
appreciation of evidence placed on record convicted and sentenced the present
appellant as mentioned above.
Learned counsel for appellants while taking exception to the impugned
judgment of conviction and order of sentence submits that the Sessions Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. There are improvements in the
statements of prosecution witnesses. Furthermore, it is submitted by learned
counsel for the appellants that co-accused/appellant No.2, namely, Rabia Bee
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has been extended the benefit of suspension of sentence and grant of bail vide
Signed by: PAWAN
DHARKAR
Signing time: 10/10/2023
7:33:34 PM
order dated 16.12.2022 (IA.No.16576 of 2022) and the case of the present
appellant is akin to that of the co-accused. It is further submitted that present
appellant has so far undergone incarceration of 10 years and 01 month. It is
further submitted that the appeal being of 2014 is not likely to be decided in the
near future. On these grounds, learned counsel submits that the present
appellant may be extended the benefit of suspension of sentence and grant of
bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court refrains
from commenting upon rival contentions so advanced touching merits of the
case, regard being had to the fact that present appellant so far has undergone
incarceration of 10 years and 01 month and the appeal which is of the year 2014
is not likely to be decided in the near future, we are of the view that present
appellant is entitled to the benefit of suspension of sentence and grant of bail.
Accordingly, I.A.No.18109 of 2023 stands allowed and it is directed
that the jail sentence of present appellant shall remain suspended during
pendency of the present appeal and he shall be released on bail subject to
verification of the factum of depositing the fine amount and on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one
solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant No.1-Jafar @ Jhakku is directed to appear before the Registry
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Signed by: PAWAN
DHARKAR
Signing time: 10/10/2023
7:33:34 PM
of this Court first on 12.12.2023 and on other subsequent dates as may be
fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (ANAND PATHAK)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 10/10/2023
7:33:34 PM
