Madhya Pradesh High Court
Nanne Khan @ Hanif Khan vs The State Of Madhya Pradesh on 13 April, 2022
Author: Vivek Rusia
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
CRIMINAL APPEAL No.697 of 2017
(Niyamat Khan Vs. State of M.P)
CRIMINAL APPEAL No.833 of 2017
(Sadar Mohammad and others Vs. State of M.P)
CRIMINAL APPEAL No.862 of 2017
(Irshad and others Vs. State of M.P)
CRIMINAL APPEAL No.866 of 2017
(Nanne Khan @Hanif Khan and others Vs. State of M.P)
ORDER
Indore:-13.04.2022
Shri Santosh Kumar Meena, learned counsel for the appellant in
Cr.A. No.697/2017 and Cr.A. No.866/2017.
Shri C.L. Yadav, learned senior advocate with Lokesh Bhatnagar,
learned counsel for the appellant in Cr.A. No.833/2017
Shri Akhilesh Kumar Saxena, learned counsel for the appellant in
Cr.A. No.833/2017.
Shri Amit Singh Sisodiya, learned Govt. Advocate for the
respondent/State.
Since there is recovery of lathi with blood stains from the
possession of appellant Niyam Khan, Shri Akhilesh Kumar Saxena
learned counsel for the appellant-Niyam Khan prays for withdrawal of
the I.A. No.5316/2022, repeat third application filed under section 389
of the Cr.P.C. on behalf of appellant-Nayim Khan.
Prayer is allowed and accordingly I.A. No.5316/2022 is dismissed
as withdrawn.
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Heard on following I.A.s filed under Section 389 of Cr.P.C.,1973
for suspension of jail sentence.
(i) I.A. No.4728/2022, third application on behalf of appellant-
Niyamat Khan.
(ii) I.A. No.5119/2022, third application on behalf of appellant-
Basarat.
(iii) I.A. No.5120/2022, second application on behalf of appellant-
Anees Khan.
(iv) I.A. No.5388/2022, second application on behalf of appellant-
Bilal Khan.
(v) I.A. No.4729/2022, third application on behalf of appellant-Abdul
Samad.
The appellants have been convicted and sentenced by learned 1st
Additional Sessions Judge, Shujalpur, District Shajapur (M.P.) in
Sessions Trial No.88/2013 vide judgment dated 28th March, 2017 as
under:-
Offence U/s Sentence Fine amount Imprisonment in lieu of
Awarded (Rs.) fine amount
302/149 of IPC Life Rs.5000/- each 2 years R.I.
(Four counts) Imprisonment
325/149 of IPC 3 years R.I. Rs.2,000/- each 6 months R.I.
148 of the IPC 2 years R.I. Rs.1,000/- each 6 months R.I.
Counsel for the appellants submitted that these repeat applications
filed by the appellants on the ground that they are resident of Shajapur
and Rajgarh District and there is no apprehension of running away from
the course of justice and that the judgment of the learned lower Court is
contrary to the law and the facts on record, and there is no specific
allegation against the present appellant.
Although no reply/objection to the aforesaid interlocutory
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application has been filed by the respondent / State, however, it is
opposed by the counsel for the State submitting that it is a case where
four persons have died in a pre-planned manner and there are as many as
thirty five accused persons and merely because, no recovery has been
effected from the present appellants, would not entitle him to be released
on bail, upon suspension of jail sentence. Their names are also reflected
in the First Information Report (FIR) as also in the depositions of the
prosecution witnesses. Thus, no case for suspension of jail sentence is
made out.
Having considered the rival submissions and on perusal of the
record, considering the fact that the appellants is lodged in jail since date
of arrest and as such they have already completed more than eight years
in incarceration and the fact that neither any weapon has been seized
from them nor any other article having blood stains or in any manner
connecting them with the offence. These appellants are having parity
with co-accused Salim whose jail sentence has been suspended vide
order dated 11.03.2022 passed in Criminal Appeal No.862/2017, we find
it expedient to allow the present applications, as the final disposal of the
appeal is likely to take sufficiently long time.
Accordingly, without expressing any opinion on merits of the
case, I.A. No.4728/2022, I.A. No.5119/2022, I.A. No.5120/2022, I.A.
No.4729/2022 and I.A. No. 5388/2022 is allowed, subject to depositing
the fine amount (if any) and it is directed that on furnishing a personal
bond by the appellants- Niyamat Khan, Basarat, Anees Khan, Bilal
Khan and Abdul Samad in the sum of Rs.50,000/- (Rupees fifty
thousand only) each with separate sureties in the like amount to the
satisfaction of the learned trial Court, for their regular appearance before
concerned trial Court, the execution of the remaining custodial part of
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the sentence imposed against the appellant shall remain suspended, till
the final disposal of this appeal.
The appellants, after being enlarged on bail, shall mark their
presence before the concerned trial Court on 13.10.2022 and on all such
subsequent dates, as may be fixed by the concerned Court in this regard.
It is also observed that if the appellant (s) is found in any of the criminal
activities, after thier release on bail / suspension of sentence, then the
present bail / suspension order shall stand cancelled without further
reference to this Court; and the State / prosecution will be free to arrest
the accused in the present case also.
List this matter for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA) (SUBODH ABHYANKAR)
JUDGE JUDGE
Ajit/-
Digitally signed by AJIT
KAMALASANAN
Date: 2022.04.18 10:52:41
+05'30'
