Sanju @ Sanjay Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 8770 MP

                                                                         01

       THE HIGH COURT OF MADHYA PRADESH
                      CRA 4520/2021
        (Sanju @ Sanjay Khan & Ors. Vs. State of M.P.)

Gwalior, Dated: 01.07.2022
      Shri R.K.Dubey, learned counsel for the appellant.

      Shri Sushant Tiwari, learned Public Prosecutor for

respondent/State.

Per Justice Deepak Kumar Agarwal:

I.A.No..6002/2022, first application under Section 389 (1)

Cr.P.C. for suspension of sentence and grant of bail filed on

behalf of appellant No.5-Anwar Khan is taken up and

considered.

This criminal appeal assails the judgment dated

28.07.2021, passed in S.T.No189/2014 by the Tenth Additional

Sessions Judge, Gwalior (MP) whereby appellant-Anwar

Khan has been convicted and sentenced as under with default

stipulation :-

   Sections (IPC)              Imprisonment                Fine
120-B of IPC                Fourteen years R.I.    Rs.5,000/- with
                                                   default stipulation


                                          for one year
302/120-B of IPC     Life imprisonment    Rs.10,000/- with
                                          default stipulation
                                          for three years

Brief facts of the case are that on 25.12.2013 at 12:40 pm

Dheer Singh gave an information at Police Station Gohad that in

Nandan Bhasora canal one dead body is floating. Merg 0/13

under Section 174 CrPC was recorded. Dead body was

recovered. Clothes were seized. Dead body panchanama was

prepared as unknown body. Postmortem was conducted as

unknown. Thereafter Dead body was buried. On 26.12.2013

body was took out from the cemetery. Dead body was identified

as Ramjilal. Body was handed over to Kedar Sharma. Offence

under Section 302, 201 of IPC was registered against unknown

person. Accused Iqbal @ Manju, Sanju @ Sanjay, Monu Khan,

Raja Khan and Karua @ Mansharam were apprehended. Their

memorandum was recorded. From their possession Lathi, wallet

of deceased, Voter ID card were seized. Statements of witnesses

were recorded.

From the side of appellants it is submitted that present

case is based upon circumstantial evidence. There is no direct

evidence against appellant. Despite there being no evidence

against him, learned court below convicted the appellant.

Appellant is in custody from the date of judgment, i.e.,

28.07.2021. During trial he was in custody from 2.1.14 to

6.3.14. Appellant Sanju @ Sanjay Khan has been granted the

benefit of suspension of sentence vide order dated 13.04.2022.

Under these circumstances, he prays for suspension of sentence

and grant of bail.

Learned counsel for the State opposed the application and

prayed for its rejection by contending that on the basis of the

allegations and the material available on record, no case for

grant of bail is made out.

Considering the facts and circumstances of the case, but

without commenting anything on the merits of the case,

IA.No.6002/22 in respect of appellant- Anwar Khan is

allowed and it is directed that jail sentence of appellant will

remain under suspension subject to verification that the amount

of fine has been deposited, on appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent

surety of the like amount to the satisfaction of concerned Trial

Court for his appearance before the Principal Registrar of this

Court on 27th September, 2022 and thereafter on such further

dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

           (Rohit Arya)            (Deepak Kumar Agarwal)
             Judge                         Judge
vv


       VALSALA
       VASUDEVAN
       2022.07.02
       12:03:48
       +05'30'