Madhya Pradesh High Court
Javed vs The State Of Madhya Pradesh on 1 February, 2024
Author: Vivek Rusia
Bench: Anil Verma, Vivek Rusia
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CRA No. 1523/2016
HIGH COURT OF MADHYA PRADESH: BENCH INDORE
BEFORE DIVISION BENCH OF HON'BLE SHRI JUSTICE VIVEK
RUSIA & HON'BLE SHRI JUSTICE ANIL VERMA
CRA No. 1523 of 2016
(JAVED KHAN & OTHERS. V/S. STATE OF M.P.)
Date: 01.02.2024 :
Shri Vikas Yadav, learned counsel for the appellant No.1.
Shri Kamal Kumar Tiwari, learned Govt. Advocate for
respondent/State.
1. Heard on I.A. No.17075/2023, first application filed u/s. 389(1)
of Cr.P.C. for suspension of jail sentence on behalf of appellant No.1 -
Javed Khan.
2. Vide judgment dated 18.10.2016 passed by the Additional
Sessions Judge, Badnagar, District Ujjain in S.T. No. 6/2015,
appellant No.1 stands convicted u/s. 302, 324 read with Section 34 of
the IPC and u/s. 25(1-B)(B) & 27 of the Arms Act and sentenced to
undergo life imprisonment; one year; one year; one year RI and to pay
a fine of Rs.1000-500-500-500/- respectively with default stipulation
3. As per prosecution story, on 25.09.2014, complainant Bhadar
Khan and his younger brother Mubarik came to Bargundaseri
Badnagar Cattle Haat for selling a cow. At 9.30 a.m., appellant Ishak
and other co-accused Javed, Azad and Zuber came there and abused
Mubarik. Javed assaulted Mubarik by knife on his throat. When
Bhadar Kha tried to rescue him, Ishak and Zuber caught hold Bhadar
Kha and Azad inflicted knife blow on his left palm and Javed also
beated him by stick. On hearing the hue and cry Mehboob Kha, Mohd.
Azhar, Irfan Kha came to rescue them, then accused ran away. On the
report of complainant Bhadar Kha, Crime No.403/14 was registered
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against the appellant and other co-accused Ishaq, Azad and Zuber for
the offence under Section 307, 294, 323 and 34 of IPC at P.S.
Badnagar.
4. Learned counsel for the appellant submits that appellant No.1
has fair chances in this appeal. He is going to complete 10 years' jail
sentence in near future. This appeal is of the year 2016 and is not
likely to come up for final hearing in near future. The other accused
have been granted the benefit of suspension of jail sentence by the
apex Court. He, therefore, prays for grant of suspension of jail
sentence of the appellant No.1 and for his release on bail.
5. On the other hand, learned Govt. Advocate opposes the prayer
by submitting that this Court has rejected the application of appellant
for the same relief vide order dated 12.10.2022 who said to have
caused injury to the injured - Bhadar Khan and prays for rejection of
the application.
6. In view of the above facts and circumstances of the case in
totality and the fact that the appellant No.1 is going to complete 10
years' jail sentence in near future and after remission more than 11
years, without commenting anything on the merits of the case, we
deem it proper to suspend the jail sentence of this appellant No.1.
7. Accordingly, I.A. No.17075/2023 is allowed and it stands
closed. It is directed that subject to deposit of fine amount with the
trial Court, if not already deposited, and on furnishing personal bond
by the appellant No.1 - Javed Khan S/o. Rajjak Khan in the sum of
Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like
amount to the satisfaction of learned trial Court the custodial part of
the jail sentence of the appellant No.1 shall remain suspended till final
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disposal of this appeal. The appellant No.1 after being enlarged on bail
shall mark his presence before the Registry of this Court on
29.07.2024 and on all such future dates as may be fixed in this behalf.
List for final hearing in due course.
C.C. as per rules.
[ VIVEK RUSIA ] [ANIL VERMA]
JUDGE. JUDGE.
Alok/-
Date: 2024.02.02 10:19:23 +05'30'
