Rashid Khan Alias Mota vs The State Of Madhya Pradesh
2021 Latest Caselaw 8111 MP

                                                                          1                               CRA-7090-2019
                                             The High Court Of Madhya Pradesh
                                                      CRA No. 7090 of 2019
                                                   (RASHID KHAN ALIAS MOTA Vs THE STATE OF MADHYA PRADESH)


                                    Jabalpur, Dated : 02-12-2021
                                           Ms. Anita Kaithwas, learned counsel for the appellant.

                                           Shri Anuj Singh, learned P.L. for the respondent/State.

Ms. Madhwi Chaturvedi, learned counsel for the objector. Record of the trial Court is available.

Heard on the question of admission.

Appeal is admitted for final hearing

Also heard on I.A. No.5626/2021, an application for suspension of sentence and grant of bail to the appellant-Rashid Khan.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 by the appellant/accused against judgment dated 16/07/2019 passed by learned Special Judge, Hoshangabad (MP) in Session Trial No. 11/2013 of SC/ST (Prevention of Atrocities) Act, by which, the appellant has been convicted for the offences punishable under Section 307/34 of IPC and has been sentenced to undergo R.I. for 10 years, along with fine of Rs. 10,000/-with default stipulations.

Prosecution case, in short, is that on 17/11/2012, complainant D.K. @ Dashrath Kumar Jha was sorrounded by appellant-accused and co-accused. Co-

accused Virendra inflicted injury by sword on the neck of the complainant Dashrat Jha. He tried to save his neck and during the course of saving himself, he received grievous injury on his hand. Thereafter, the appellant-accused and co-accused threaten to kill him.

Learned counsel for the appellant/accused submits that learned trial Court has committed grave error to convict and sentence to the appellant-accused. It has not been mentioned in the FIR that at the time of incident the appellant-accused has used any weapon. Complainant D.K. @ Dashrath Jha (PW-4) has deposed before the trial Court that the appellant-accused along with the co-accused abused filthy languages to him and co-accused Veerendra Noriya inflicted injury by sword on his hand. The appellant-accused beaten him by kicks and fists, so, it appears that the appellant- accused did not use any weapon in this incident. There is old enmity between both the parties, due to which, the appellant-accused has been falsely implicated in this case.

Signature Not Verified
  SAN                               The appellant is in custody since 14/12/2018, thus, he has served more than three
Digitally signed by KUNDAN SHARMA
Date: 2021.12.03 17:55:26 IST
                                                                           2                                CRA-7090-2019

years sentence out 10 years. This appeal is of year 2019. Final hearing of this appeal will take time. Therefore, the application filed on behalf of the appellant may be allowed and the period of his remaining jail sentence may be suspended further and he may be released on bail.

Learned P.L. for the respondent/State has opposed the application. Learned counsel for the objector submits that appellant-accused and co-

accused had common intention to cause injury to the complainant. Hence the appellant-accused may not be entitled for grant of bail.

Hearing argument of both the parties. It appears from the record that at the time of incident, the appellant-accused has no weapon. He did not use any weapon in this incident. The appellant-accused served more than three years sentence out of 10 years. This appeal is of year 2019. The appellant is in custody since 14/12/2018. Final hearing of this appeal will take time. Therefore, without expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the execution of jail sentence awarded to the appellant and grant bail to him.

Consequently, I.A. No.5626/2021 is allowed subject to deposit of fine amount, if not already deposited. The custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal.

Appellant-Rashid Khan be released from custody subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only), with one surety in the like amount, to the satisfaction of the trial Court. The appellant shall appear and mark his presence before the trial Court on 21.02.2022 and shall continue to do so on all such future dates, as may be given by the trial Court in this behalf, during pendency of the matter.

List the matter for final hearing in due course.

C.C. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

kundan

Signature Not Verified SAN

Digitally signed by KUNDAN SHARMA Date: 2021.12.03 17:55:26 IST