Madhya Pradesh High Court
Najju @ Naeem vs The State Of Madhya Pradesh on 6 August, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-9917-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9917 of 2023
(NAJJU @ NAEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-08-2024
Shri Deependra Singh Raghuwanshi, learned counsel for the appellant No.2
Pappu Khan.
Shri Rohit Mishra learned AAG for the respondent/State.
Shri Imran Khan, learned counsel for the complainant.
Heard on I.A.No.15836/2024, first application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant
2- Pappu Khan.
Present appellant stands convicted under Section 302/34 of IPC and
sentenced to undergo Life Imprisonment with fine of Rs.5000/- with default
stipulation vide judgment of conviction and order of sentence dated 10.07.2023
passed by III Additional Sessions Judge, Jaura, District Morena in Sessions Trial
No.2900324/2016.
As per prosecution story, on 27.07.2016 at 09:50 pm at Neurology
Department of J.A.H. Gwalior, complainant Amir Khan lodged a oral report to
Inspector Naveen Yadav of Police Station Bagchini that on 23.07.2016 at 08:00
pm his relatives Pappu, Gujru, Mijjo, Mukeem and Najju were abusing Puniya @
Sahadat in front of house of house of his uncle Nasaruddin. On hearing hue and
cry, the complainant and his uncle Nasaruddin came out of the house and asked the
aforesaid persons not to abuse. On which, they started abusing Nasaruddin. On his
objection, Mijjo slapped Nasaruddin. When Nasaruddin cried, Gujru inflicted
Luhangi blow on back side of his head, as a result of which, Nasaruddin fell down,
then Mijjo inflicted lathi blow on his right shoulder and Pappu inflicted lathi blow
2 CRA-9917-2023
on his left leg. When complainant tried to save his uncle, Gujru inflicted luhangi
blow on the back side of his head and Mijjo inflicted lathi blow on the right side of
his head, as a result of which, he fell down, then Pappu inflicted lathi blow, due to
which, he sustained injury on his right hip and waist. When Nasaruddin tried to get
up, Mukim and Najju gave fists and legs blow due to which he fell down.
Thereafter, relatives of Nasruddin and other villagers came there, then accused
persons fled away by threatening.
Learned counsel for the appellant submits that the appellant has been falsely
implicated in this case. The appellant has already undergone more than half of the
sentence. The allegation against the appellant Pappu Khan is of assaulting
Nasiruddin by means of lathi on his leg. He also submits that the case of the
present appellant is identical to that of co-appellant Najju @ Naeem as well as
Mijjo @ Mujeem, whose suspension applications have already been allowed by
this Court vide order dated 05.07.2024. Learned counsel also submits that the
appellant has fair chance to succeed in this appeal and if the jail sentence is not
suspended, the application may be rendered infructuous. This appeal is of the year
2023 and there is no likelihood of its final hearing in near future. He, therefore,
prays for grant of suspension and to release appellant on bail, maintaining parity
with co- appellant Najju and Mijjo.
On the other hand, the learned counsel appearing for the respondent - State
as well as counsel for the complainant - objector pray for rejection of the
application.
In view of the aforesaid facts and circumstances of the case, without
commenting anything on the merits of the case, we find it is to be a fit case to
suspend the custodial sentence of the appellant, maintaining parity with co-accused
3 CRA-9917-2023
Najju and Mijjo.
Accordingly, I.A.No.15836/2024, stands allowed and it is directed that the
jail sentence of appellant No.2 Pappu Khan 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.1,00,000/- (Rupees One Lac only) with one solvent
surety in the like amount to the satisfaction of the Trial Court subject to
verification of factum regarding deposit of fine amount.
Present appellant is directed to appear before the Registry of this Court first
on 21/10/2024 and thereafter, 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.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
Rks
