Ishrat Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 3602 MP

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           The High Court of Madhya Pradesh
                                                    Cr.A.No.1376/2022

                 (Ishrat Khan Vs. State of M.P.)

Gwalior dated 14.3.2022

     Shri S.S.Rajput, learned counsel for the appellant.

     Shri G.P.Chaurasiya, learned Public Prosecutor for the

respondent/State.

Heard on IA.No.2242/2022, first application u/Sec. 389(1) of

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

of appellant- Ishrat Khan.

In brief prosecution case is that on 3.8.2014 police Sub-

Inspector Shaukatulla Khan got a secret information that two

persons are preparing forged caste certificates behind Government

Primary School, Mohanpur. He along with force raided there.

Appellant Ishrat Khan and one Ajhar Khan were apprehended. On

enquiry, appellant informed that he works as Arji Navees in front

of Tahsil Guna. One month before, he purchased two bundles of

caste certificate in Rs.100/- each from Sudarshan Press. He also

purchased seals of SDM, Pargana Bamore and Guna and prepared

forged caste certificate and supplied the same to villagers by

collecting Rs.100/- each from them. From his possession, five

seals, Stamp Pad, Stapler, two pen, cash of Rs.1000/- and 85

forged caste certificates were seized. After investigation, charge-

sheet has been filed. After trial, learned trial Court convicted him

The High Court of Madhya Pradesh Cr.A.No.1376/2022

under Sections 420, 467, 468, 471 and 120-B of IPC and sentenced

him to undergo 7 years RI with fine of Rs.1,000/- for each of the

offences.

It is submitted by learned counsel for the appellant that

during trial the appellant remained in custody from 4.8.2014 to

7.11.2014 and after the date of judgment i.e. 28.1.2022 he is in

custody and thus he has already suffered incarceration of about 5

months. It is further submitted that during trial Bhokendra Singh

(PW-1), Saisingh (PW-2), Banya Batela (PW-4), Gattulal (PW-5),

Lalsingh (PW-6), Fauda Batela (PW-8), Tofan Singh (PW-9),

Nandram (PW-10), Sundar (PW-11), Bhagwan Singh (PW-12),

Santosh (PW-13) and Ghanshyam Batela (PW-18) have not

supported the prosecution case and declared hostile. Beside this,

stapler, seals, cash of Rs.1000/- and pen, which were alleged to be

seized from the appellant, were not produced before the Court as

mentioned in para 45 of the impugned judgment. Final hearing of

the appeal will take time. He has a good case on merit. Therefore,

prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and

prayed for its rejection.

Considering the facts and circumstances of the case, but

without commenting upon merits of the case, IA.No. 2242 /2022

The High Court of Madhya Pradesh Cr.A.No.1376/2022

is allowed and it is directed that jail sentence of appellant will

remain under suspension subject to verification that 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 June, 2022 and on such further dates as may be fixed

by the office in this regard till disposal of the appeal.

C.c. as per rules.

(Deepak Kumar Agarwal) Judge ms/-

MADHU SOODAN PRASAD 2022.03.14 17:52:47 +05'00'