Madhya Pradesh High Court
Afsar Qureshi vs The State Of Madhya Pradesh on 14 December, 2021
Author: Sushrut Arvind Dharmadhikari
1 CRA-284-2020
The High Court Of Madhya Pradesh
CRA No. 284 of 2020
(AFSAR QURESHI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-12-2021
Shri Sankalp Kochar, learned counsel for the appellant.
Shri Anshul Mishra, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.13212/2021, application for change of counsel is permitted
to be withdrawn since the Vakalatnama from the jail as well as the NOC has been
filed.
The application is accordingly dismissed as withdrawn.
Also heard on I.A. No.30470/2021, which is first application for
suspension of sentence and grant of bail filed on behalf of the appellant.
Th i s criminal appeal assails the judgment dated 19.12.2019 passed in
S.T.No.438/2016 passed by the 4 th Additional Session Judge, District Bhopal,
whereby the present appellant was convicted under Section 498-A of IPC and
sentenced to undergo R.I. for three years with fine of Rs.1000/- and in default to
suffer additional R.I. for one month and under Section 306 of IPC and sentenced to
undergo R.I. for 10 years with fine of Rs.500/- and in default to suffer additional R.I.
for 15 days.
Prosecution story, in short, is that the deceased was married to the present
applicant with the Muslim rights and rituals. It was alleged that the present appellant
harassed the deceased for not bringing the dowry and due to aforesaid harassment,
the deceased committed suicide by hanging on 02.12.2015. On the basis of the
aforesaid, an FIR has been registered against the appellant.
Learned counsel for the appellant submits that the appellant has falsely been
implicated. In fact, the deceased had filed a complaint against her father and mother
regarding harassment stating that she wanted to live with her husband i.e. the present
appellant. No ingredients of Section 107 of IPC is made out. It is further submitted
that father of the deceased P.W.1 and mother of the deceased P.W.2 have been
examined, who turned hostile and did not support the prosecution version. The
learned trial Court has erred in appreciating the evidence on record. The fine amount
has already been deposited by him. The appellant is a permanent resident of District-
Bhopal (M.P.). There are fair chances of success of this appeal. He is ready to abide
Signature Not Verified
by the terms and conditions as may be imposed by this Court. With the aforesaid
SAN
Digitally signed by VINAY KUMAR
BURMAN
Date: 2021.12.15 19:26:41 IST
2 CRA-284-2020
submissions, prayer for suspension of sentence is made.
Learned Panel Lawyer for the State opposed the prayer and prays for
dismissal of the application.
This appeal cannot be heard within two years. Taking into consideration the
overall facts and circumstances of the case, but without expressing any opinion on
the merits thereof, the I.A. is allowed.
It is, therefore, directed that if appellant deposits the entire fine amount, if not
already deposited, and furnishes a personal bond in the sum of Rs.50,000/- (Rupees
fifty thousand) with a solvent surety in the like amount to the satisfaction of trial
Court for his appearance before the Registry of this Court on 14 th March, 2022 and
on such subsequent dates as may be fixed in this regard, sentences of imprisonment
awarded to him shall remain suspended till further orders and he shall be released on
bail. The appellant shall furnish a written undertaking that he will abide by the terms
a n d conditions of various circulars, as well as, orders issued by the Central
Government, State Government and local administration from time to time such as
maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation
of Corona virus.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(S. A. DHARMADHIKARI)
JUDGE
vinay*
Signature Not Verified
SAN
Digitally signed by VINAY KUMAR
BURMAN
Date: 2021.12.15 19:26:41 IST
