Madhya Pradesh High Court
Sameem @ Tuli Khan vs The State Of Madhya Pradesh on 11 October, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6987 of 2022
(SAMEEM @ TULI KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 11-10-2023
Shri R.S. Patel - Advocate for appellant No.1 Sameem @ Tuli.
Shri Sanjay Kumar Patel - Advocate for the appellant No.2 Jahid @
Buthe Pathan.
Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.
Heard on I.A. No.23174 of 2023 & I.A. No.22657 of 2023, repeat
applications under Section 389(1) of Cr.P.C for suspension of jail sentence and
grant of bail to appellant No.1 Sameem @ Tuli and appellant No.2 Jahid @
Buthe Pahan respectively, pending the appeal.
Appellants have been convicted for commission of offence under
Sections 148, 333/149, 332/149 (two counts), 353/149 of IPC and have been
sentenced to undergo R.I. for 2 years with fine of Rs.1,000/-, R.I. for 5 years
with fine of Rs.2,000/-, R.I. for 2 years (two counts) with fine of Rs.1,000/- and
R.I. for 1 year with fine of Rs.1,000/- respectively with default stipulations vide
judgment dated 04.08.2022 passed in ST No.44/2017 (State of M.P. vs.
Sameem @ Tuli and Others) by Ist Additional Sessions Judge, Jatara, District
Tikamgarh (M.P.). All the sentences have been directed to run concurrently.
Appellants' earlier two applications for suspension of sentence were
dismissed on merit vide orders dated 20.09.2022 and 26.04.2023.
Learned counsel for the appellants have submitted that Hon'ble the Apex
Court has suspended the jail sentence of co-accused Rasid Ali (appellant No.2
herein) vide order dated 04.09.2023 passed in Special Leave to Appeal (Crl.)
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 10/12/2023
10:48:28 AM
No.9321 of 2023. The case of the present appellants is similar to that of the co-
accused. This Court vide orders dated 29.09.2022 & 26.04.2023 has rejected
the applications of co-appellant Rasid Ali alongwith present appellants, but now
co-appellant Rasid Ali has been released on bail by Hon'ble the Apex Court. It
is also submitted that appellants have already undergone jail sentence of more
than one year & five months. They have fair chance to succeed in appeal. There
is no possibility of coming of this appeal for hearing in near future. Therefore, it
is prayed that custodial jail sentence of the appellants may be suspended.
On the other hand, learned Panel Lawyer for the respondent/State has
opposed the prayer for grant of bail to the appellants.
Having taken into consideration the fact that co-appellant Rasid Ali has
already been released by Hon'ble Apex Court including the custody period
served out by the appellants, I deem it proper to suspend the remaining jail
sentence of the appellants, pending the appeal. Consequently, I.A.No.22657 of
2023 & I.A. No.23174 of 2023 are allowed.
It is directed that the execution of jail sentence of appellant No.1
Sameem @ Tuli and appellant No.2 Jahid @ Buthe Pathan is hereby
suspended subject to depositing the entire fine amount, if not already deposited.
It is directed that the appellants be released on bail on their furnishing a personal
bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) each 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 on 20.12.2023 and also on
such other dates, as may be fixed by that Court in this regard during the
pendency of this appeal.
List this case for final hearing in due course.
Signature Not Verified
Certified copy as per rules.
Signed by: ASHISH KUMAR
JAIN
Signing time: 10/12/2023
10:48:28 AM
(DINESH KUMAR PALIWAL)
JUDGE
@shish
Signature Not Verified
Signed by: ASHISH KUMAR
JAIN
Signing time: 10/12/2023
10:48:28 AM
