Madhya Pradesh High Court
Maqbool vs The State Of Madhya Pradesh on 2 December, 2022
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9135 of 2022
(MAQBOOL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 02-12-2022
Shri Sanjay Kumar Sharma, learned counsel for the appellants No.1, 2, 3,
7, 8, 10, 11, 14, 16, 17, 19 and 20.
Ms. Seema Maheshwari, learned Panel Lawyer for the respondent/State.
Heard on IA No.14983/2022, which is an application filed under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail to appellants - Maqbool, Chand Mubarik, Shaifulla, Ameen, Shareef, Salim, Aashiq, Aslam, Israel, Akhlakh, Sharif and Naeem.
Learned Trial Court has convicted the appellants under Sections 148, 332/149, 332/149, 332/149, 332/149, 225 and 307/149 for different injured and sentenced them to undergo 6 months RI with fine of Rs.500/-, 6 months RI with fine of Rs.500/-, 6 months RI with fine of Rs.500/-, 6 months RI with fine of Rs.500/-, 6 months RI with fine of Rs.500/-, 01 year RI with fine of Rs.1000/-, and 05 year RI with fine of Rs.1,000/- respectively with default stipulations vide judgement of conviction and order of sentence dated 30.09.2022 passed by the 1st Additional Sessions Judge, Rajgarh, District Rajgarh in S.T. No.444/2017.
Learned counsel for appellants submits that as per prosecution case itself apart from other offences, it is alleged against the appellants that they in furtherance of their common intention to commit murder of constable Bharatsingh assaulted him by deadly weapon; lathi on his head and other vital parts of his body. He, referring statement of Dr. Kailash (PW-4) submits that it is apparent that only one injury was found on the head of constable Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/3/2022 10:51:40 AM 2 Bharatsingh. Dr. Kailash specifically deposed that nature of injury found on his shoulder is caused by blunt object. Injuries found on the head is attributed to the co-accused Ashfaq and appellants could not be held for the act of co- accused as the incident took place all of sudden and there was no unlawful assembly at that time. He further submits that co-accused Wahid, Anwar, Shahid, Bunty, Mahmood, Bhure and Rohit's application filed under Section 389 for suspension of jail sentence has already been suspended vide order dated 15.11.2022. Present appellants case is similar to that of appellants;Wahid, Anwar, Shahid, Bunty, Mahmood, Bhure and Rohit. Appellants are enlarged on bail during trial and did not misuse the liberty granted to them. Learned Trial Court has not properly appreciated the evidence placed on record and there is no likelihood of hearing of appeal in near future. Hence, prays that application for suspension of sentence be allowed.
Learned Govt. Advocate for the respondent/State, on the other hand has opposed the application and submits that appellants alongwith co-accused persons assaulted the complainant party and caused grievous injuries to him. Therefore, no indulgence is warranted in the matter.
Having considered the rival submissions, injuries found on the body of the injured constable Bharatsingh and other injured person and the fact that there is no likelihood of hearing of appeal in near future, this Court is of the considered view that it is a fit case for suspension of jail sentence and grant of bail to the appellants. Hence, without expressing any opinion on merits of the case, I.A.No.14983/2022 is allowed and jail sentence of the appellants shall remain suspended.
I t is directed that subject to depositing the fine amount, if already not deposited, they shall be released on bail, on furnishing a personal bond in the Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/3/2022 10:51:40 AM 3 sum of Rs.50,000/- (Rupees Fifty thousand only) each with a solvent surety each in the like amount to the satisfaction of Trial Court, for their appearance before the Registry of this Court firstly on 04.01.2023 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.
List for final hearing in due course.
Certified copy, as per Rules.
(SATYENDRA KUMAR SINGH) JUDGE SJ Signature Not Verified Signed by: VIBHA PACHORI Signing time: 12/3/2022 10:51:40 AM