Madhya Pradesh High Court
Julfkaar Ali @ Bhutto Ali vs The State Of Madhya Pradesh on 10 December, 2021
Author: Vishal Dhagat
Bench: Vishal Dhagat
1 CRA-4620-2021
The High Court Of Madhya Pradesh
CRA No. 4620 of 2021
(JULFKAAR ALI @ BHUTTO ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 10-12-2021
Shri Ajay Kumar Jain learned counsel for appellants.
Shri Gaurav Tiwari, learned P.L for respondent/State.
Appellant no.2 Rahees has filed I.A No.19259/2021 under Section 389(1) of Code of Criminal Procedure, for suspension of jail sentence.
Appellant has been convicted under Section 333 of IPC and Section 3/4 of M.P. Chikitsa Tatha Chikitsiya Seva Se Sambhandhit Vyaktiyon Ki Suraksha Adhiniyam, 2008 and has been sentenced to undergo R.I. for 7 years and R.I for 3 months respectively along with fine amount of Rs.3,000/- and 1,000/- with default stipulations.
It is submitted by learned counsel appearing for the appellants that suspension of sentence of appellant no.1 Julfkaar has been allowed and he has been released on bail. Case of appellant no.2 is identical to that of appellant no.1, therefore, he may be treated at parity. It is further submitted that looking to the nature of offence and period of custody, application for suspension of sentence be allowed.
Learned Panel Lawyer opposed the application for suspension of sentence. It is submitted by him that appellant no.2 is said to have slapped the doctor and thereafter doctor was assaulted and he had received grievous injuries. Appellant no.1 as well as appellant no.2, both were involved in the offence. Looking to the nature of offence, no leniency be given to appellant no.2 and his application be dismissed.
Heard learned counsel for parties.
Considering the fact that case of appellant no.2 is identical to that of appellant no.1, therefore, appellant no.2 is treated on parity with appellant no.1.
In view of same, I.A. No.19259/2021 is allowed. It is hereby directed Signature SAN Verified Not that sentence of appellant no.2 Rahees shall remain suspended during the Digitally signed by MONSI M SIMON Date: 2021.12.10 16:46:06 IST 2 CRA-4620-2021 pendency of this appeal and he shall be released on bail, subject to deposit of the fine amount, and on furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 28.06.2022 and on other dates as may be fixed in this regard by the Registry till final disposal of this appeal.
List the appeal for final hearing in due course. C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
mms
Signature
SAN Not
Verified
Digitally signed by
MONSI M SIMON
Date: 2021.12.10
16:46:06 IST