Madhya Pradesh High Court

Imran @ Imma vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                    1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                            CRA No. 9225 of 2023
              (IMRAN @ IMMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-05-2024
      Shri Atul Gupta, learned counsel for the appellants.

      Dr.     Anjali   Gyanani,         learned   Public   Prosecutor    for   the
respondent/State.

01. Heard on I.A.No.8178 of 2024, which is first application under Section 389 (1) of Cr.P.C. seeking temporary suspension of custodial sentence

on behalf of appellant No.4-Shakil Khan.

02. The present appellant has been convicted under Section 147 of the IPC and sentenced to undergo RI for 1 year; under section 148 of IPC to undergo RI for 2 years; under section 302/149 of the IPC (on six counts) to undergo life imprisonment with fine of Rs.1000/- on each count; under section 326/149 of IPC (on two counts) to undergo RI for 5 years with fine of Rs.1000/- on each count; under section 324/149 of IPC (on three counts) to undergo RI for 1 year with fine of Rs.500/- on each count and under section 323/149 of the IPC (on six counts) to undergo RI for 1 year with fine of

Rs.500/- on each count with corresponding default stipulations, vide judgment dated 27/05/2023 passed by I Additional Sessions Judge, Ganjbasoda, District Vidisha in S.T. No. 100038/2012.

03. Learned counsel for appellant No.4 submits that this appellant is seeking temporary suspension of sentence on account of marriage of his son Mohammad Afzal which is scheduled to be solemnized on 24/5/2024.

04. The factum of marriage has been verified by learned Public Prosecutor.

05. Considering all the facts and circumstances and also taking note of the fact that the marriage of son of appellant No.4 is scheduled to be solemnized on 24/5/2024, we find it to be a fit case to suspend the custodial sentence of this appellant temporarily.

06. Accordingly, application for temporary suspension of sentence (I.A.No.8178 of 2024) moved on behalf of appellant No.4-Shakil Khan is allowed and it is directed that upon furnishing personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the execution of custodial part of the sentence shall remain suspended temporarily for a period of fifteen days

from the date of his release.

07. The appellant No.4 shall surrender before the trial Court immediately after expiry of period of fifteen days from the date of his release and if the appellant fails to surrender, the trial Court shall be free to take appropriate action against him for sending him back to jail.

Certified copy, as per Rules.

      (VIVEK RUSIA)                                  (RAJENDRA KUMAR VANI)
          JUDGE                                              JUDGE

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