Madhya Pradesh High Court
Firoz Khan & 4 Ors. vs State Of M.P. on 6 January, 2017
Criminal Appeal No.851/2008
06.1.2017
Shri Vivek Singh, Advocate for the appellant No.1 (Firoz
Khan).
Shri S. Vyas, PL for respondent / State.
Heard on I.A.No.11034/2016, which is repeat application for suspension of jail sentence of appellant No.1, who is husband of the deceased.
2. Earlier application(s) were dismissed as withdrawn.
3. Learned counsel for the appellant has drawn our attention to the statement of Mehmood P.W.1, who happens to be real uncle of the deceased and submits that more than seven years have already been elapsed before the death of Nafeesa Bee, wife of the appellant No.1 - Firoz and, therefore, the conviction under Section 304-B was unsustainable. He submits that at present the present applicant has completed more than ten years of jail sentence as he is in jail since 3.1.2007 and looking to the facts and circumstances, it is a fit case to allow the prayer for suspension of jail sentence of appellant No. 1 (Firoz).
4. Learned panel lawyer opposed the prayer and prays for it's rejection.
5. On due consideration of the totality of the facts and circumstances of the case, material available in the record of the case, so also the period of jail sentence, which the appellant No.1 (Firoz) has completed, we are inclined to release appellant No.1 - Firoz son of Arif Khan, on bail, unless and until required in any other criminal case, by imposing the following strict conditions :-
"1. That, the appellant No.1 - Firoz son of Arif Khan, shall furnish one local solvent surety or blood relative in the sum of Rs.30,000/- and execute a personal bond in the like amount to the satisfaction of the trial Court.
2. The appellant No.1 - Firoz son of Arif Khan, on being released on bail, shall appear before the Registry of this Court on 27.3.2017 and thereafter, once in alternate English calendar month on First Monday, till the disposal of the appeal.
3. The appellant No.1 - Firoz, will deposit his passport, if available, else file affidavit in this Court declaring that he did not possess any passport of any country. This compliance will be condition precedent for release on bail.
4. As and when the matter will be listed for final hearing, no adjournment shall be sought by the appellant (s), otherwise, this court may consider for cancellation of the bail / suspension of jail sentence.
6. Accordingly, I.A.No.11034/2016 application for suspension of jail sentence and grant of bail appellant No.1 (Firoz son of Arif Khan), is allowed and stands disposed of.
C.c. as per rules.
(P.K. JAISWAL) (PRAKASH SHRIVASTAVA)
JUDGE JUDGE
ss/-