Madhya Pradesh High Court
Nanne Khan @ Hanif Khan vs The State Of Madhya Pradesh on 2 May, 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
CRA No.866/2017
(NANNE KHAN @ HANIF KHAN VS. STATE OF M.P.)
ORDER
Indore:-02.05.2022
Shri Santosh Kumar Meena, learned counsel for the appellant.
Shri Prateek Jain, learned counsel for the appellant.
Shri K.K. Tiwari, learned Government Advocate for the
respondent/State.
Heard on following I.A.s filed under Section 389 of Cr.P.C.,1973
for suspension of jail sentence.
(i) I.A. No.5636/2022, Fourth application on behalf of appellant
No.3/Hamidulla @ Hamid Khan.
(ii) I.A. No.5556/2022, Second application on behalf of appellant
No.10/Raes Khan S/o Sikander Khan.
(iii) I.A.No.5659/2022, IV application on behalf of appellant No.8
Yakub Khan.
(iv) I.A. No.5727/2022, First application on behalf of appellant No.5
Ansar Khan.
The appellant No.3 has been convicted and sentenced 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.
147 of the IPC 2 years R.I. Rs.1,000/- each 6 months R.I.
The appellant No.10 has been convicted and sentenced as under:
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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
The appellant No.8 has been convicted and sentenced 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
The appellant No.5 has been convicted and sentenced 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.
147 of the IPC 2 years R.I. Rs.1,000/- each 6 months R.I.
At the very outset, learned counsel for the appellant No.8 Yakub
Khan prays for withdrawal of I.A. No.5659/2022.
Prayer is allowed.
Accordingly, I.A. No.5659/2022 is dismissed as withdrawn.
Counsel for the appellants submitted that applications filed by the
appellants on the ground that they are resident of Shajapur 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
appellants.
Although no reply/objection to the aforesaid interlocutory
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
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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 are 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.5636/2022, I.A. No. 5556/2022, 5727/2022 are allowed,
subject to depositing the fine amount (if any) and it is directed that on
furnishing a personal bond by the Appellant No.3 Hamidulla @
Hamid Khan, Appellant No.10/ Raes Khan S/o Sikandar Khan,
Appellant No.5 Ansar Khan 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
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
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activities, after their 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
praveen
Digitally signed by
PRAVEEN NAYAK
Date: 2022.05.02
17:54:47 +05'30'
