Riyaz And Others vs State of Madhya Pradesh

Arguments heard through Video Conferencing. Submissions were made on IA No.2543/2020 which is an application under Section 389 (1) of Criminal Procedure Code, 1973 seeking suspension of jail sentence imposed upon the appellant No.3-Ejaz who has been convicted and sentenced of five years RI with fine of Rs.5000/- with default imprisonment by Special Judge, SC/ST Act Dewas in Special Case No.20012/2016 vide judgment dated 16.03.2019.

As per prosecution story, the appellant and another co-accused-Riyaz had caught hold of the hands of complainant-Kalu, another co-accused-Ashfaq dealt a sword blow on the head of complainant-Kalu. All the appellants have been convicted likewise, the application of Riyaz has already been allowed and that of Ashfaq has also been allowed on 26.02.2020. The application of accused-Ashfaq was allowed on the ground that although sword blow has been stated to be inflicted on the head of Kalu but the nature of injury on the head was lacerated and not incised wound and further that there is no document showing that the aforesaid injury was dangerous to life. The main accused has also been given the benefit of suspension of sentence. With these submissions, suspension has been sought.

Learned counsel for the respondent/State was also heard.

Considered.

The main accused and other accused have already been granted the benefit of suspension of sentence and the case of the present applicant is not different from that of main accused/appellant No.1-Riyaz. Further, the record shows that there was a previous enmity between the present appellant and the complainant-Kalu and that the complainant-Kalu was convicted earlier also for causing injuries to appellant and his family members.

Considering the facts and circumstances of the case and after perusal of record but without expressing any opinion on merits of the case, this application-IA No.2543/2020 is being allowed. The substantive jail sentence of the appellant No.3-Ejaz is suspended subject to his depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 15.07.2020 and on all other subsequent dates as may be fixed by the Registry in this behalf.

Accordingly, IA No.2543/2020 stands disposed of.

List the appeal for final hearing in due course.

Certified copy as per Rules.