Madhya Pradesh High Court
Imran @ Imma vs The State Of Madhya Pradesh on 21 April, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-9225-2023
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 : 21-04-2025
Shri Mahendra Singh Rawat - Advocate for appellant Nos.15 & 19-
Munnu @ Mujahil Khan & Asfaq Khan.
Shri Mayank Bajapai- Advocate for appellants No.3 &7- Nanne Khan
& Amir.
Shri Raj Kumar Singh Kushwah - Advocate for appellant No.30-
Banne Khan.
Shri Vijay Sundaram- Public Prosecutor for respondent/State.
Shri Pawan Devnani - Advocate for complainant.
IA No.586/2024 , first application under Section 389(1) of CrPC is
moved on behalf of appellant No.30- Banne Khan for suspension of jail
sentence and grant of bail, IA No.26270/2024, first application under Section
389(1) of CrPC is moved on behalf of appellant No.3- Nanne Khan for
suspension of jail sentence and grant of bail and IA No.26241/2024 , first
application under Section 389(1) of CrPC is moved on behalf of appellant
No.7- Amir for suspension of jail sentence and grant of bail.
After arguing for a while, learned counsel for appellants No.30, 3 & 7
sought permission and are granted permission of this Court to withdraw
applications (IA No.586/2024 , IA No.26270/2024 & IA No.26241/2024 ).
Accordingly, the same are hereby dismissed as withdrawn.
Also heard on I.A.No.8256 of 2025 , which is first application under
2 CRA-9225-2023
Section 389 (1) of Cr.P.C. seeking temporary suspension of jail sentence on
behalf of appellant No.15 - Munnu @ Mujahil Khan & appellant No.19-
Asfaq Khan on the ground of marriage of daughter of appellant No.15 and
sister of appellant No.19, namely, Sadiqa Bi.
Appellants No.15 & 19 have 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 st Additional Sessions Judge,
Ganjbasoda, District- Vidisha in S.T. No. 100038/2012.
Shri Rawat, learned counsel appearing for appellant Nos.15 & 19-
Munnu @ Mujahil Khan & Asfaq Khan submits that appellants are seeking
temporary suspension of sentence on account of marriage of daughter of
appellant No.15 and sister of appellant No.19, namely, Sadiqa Bi which is
scheduled to be solemnized on 20.05.2025. Being father and brother, their
presence is necessary to perform all rites and rituals.
The factum of marriage has been verified by learned Public
Prosecutor. However, learned counsel for the Public Prosecutor assisted by
learned counsel for complainant, opposed the application and submitted that
3 CRA-9225-2023
looking to the gravity of offence, appellants may not be given benefit of
temporary jail sentence.
The allegation against the present appellants, who are seeking
temporary suspension of jail sentence, is of involvement in the commission
of murder of six persons in the alleged incident and the incident in which, 11
persons got injured out of which two persons were sustained grievous
injuries, three persons were sustained simple injuries by sharp edged
weapons and six persons sustained simple injuries by hard and blunt object.
Therefore, looking to the nature of offence and the allegation levelled
against the present appellants, although this Court does not think it
appropriate to grant benefit of suspension of jail sentence as if the appellants
are released on bail, then they may cause societal threat, danger, hamper
public peace and tranquility as well as they shall be the source of
embarrassment or harassment to the complainant side, but on humanitarian
ground and looking to the note of the fact the marriage of daughter of
appellant No.15 and sister of appellant No.19, namely, Sadiqa Bi which is
scheduled to be solemnized on 20.05.2025, we are inclined to suspend the
jail sentence of the appellants temporarily under police custody in regard to
attend the aforesaid marriage. Accordingly, IA No.8256/2025 stands allowed
only to the extent that appellant Nos.15 & 19- Munnu @ Mujahil Khan &
Asfaq Khan would be permitted to be taken to the place of marriage in police
custody on 20.05.2025 and after performing all rites and rituals of the said
marriage, appellants shall be immediately taken back in police custody to the
concerned jail for further confinement.
4 CRA-9225-2023
A copy of this order be sent to the concerned Police Authorities as
well as Jail authorities and are directed to make necessary arrangement to
send the appellants in police custody to the place of marriage.
Certified copy, as per Rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
MKB
