Madhya Pradesh High Court
Sakir Khan @ Santosh vs The State Of Madhya Pradesh on 28 November, 2022
Author: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8826 of 2022
(SAKIR KHAN @ SANTOSH Vs THE STATE OF MADHYA PRADESH)
Dated : 28-11-2022
Shri A.K.Jain, learned counsel for the appellant.
Smt. Anil Shukla, learned Public Prosecutor for the respondent/State.
Heard on I.A.No.15349/2022, first application under Section 389(1) of
the Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of
sole appellant - Sakir Khan @ Santosh.
Present appellant has been convicted vid e judgment dated 19.03.2020
passed by Additional Sessions Judge, Special Court No.3 (Electricity Act)
Gwalior in S.T.No.322/2018 for the offence punishable under Section 307 of
IPC and sentenced to undergo seven years' R.I. with fine of Rs.1,000/- and
under Section 25 (1-B)(A) of Arms Act and sentenced to undergo two years'
R.I. with fine of Rs.500/- and under Section 27(1) of Arms Act and sentenced
to undergo three year R.I. with fine of Rs.500/- with default stipulations.
Appellant so far has undergone 4 years and 6 months of jail sentence (1
year and 10 months during trial and 2 years and 8 months from the date of
judgement i.e. 19/03/2020).
As per prosecution story, on a secret information received that the
present appellant alleged to have kidnapped the victim was present around the
Hiraman Baba Temple, a team of Police Squad raided the premises. Appellant
was found to be armed with gun and alleged to have fired gunshots. However,
the same did not hit any person. He was arrested. Accordingly, case has been
registered. Investigation was completed and challan has been filed. The learned
trial Court, after critical evaluation of the evidence placed on record, has
convicted and sentenced the appellant as aforesaid.
Shri Ashok Kumar Jain, learned counsel for the appellant submitted that
the appellant is innocent and falsely implicated. He further submitted that that
the Sessions Judge did not appreciate the evidence on record in right
perspective. The alleged gunshots said to have been fired by the appellant
neither hit any person nor caused threat or injury to any person. Hence.
applicability of Section 307 of IPC in the factual matrix in hand is highly
doubtful. In any case, the appellant has already suffered more than 4 years and
6 months of jail sentence. Final disposal of this appeal is likely to take time.
With the aforesaid submissions, prayer for suspension of sentence has been
made.
Per contra, learned Public Prosecutor for the State supported the
impugned judgment and prayed for dismissal of application for suspension of
sentence.
Up o n hearing counsel for the parties, though this court refrains from
commenting upon rival contentions touching merits of the case but in the
obtaining facts and circumstances, particularly, the period of jail incarceration
and the nature of the allegations alleged against the appellant, this Court is of the
view that the application deserves to be allowed.
It is, accordingly, directed that execution of jail sentence of appellant -
Sakir Khan @ Santosh shall remain suspended during pendency of this
appeal and he shall be enlarged on bail subject to furnishing personal bond in
the sum of Rs.2,00,000/- (Rupees Two Lakh Only) with one solvent surety
in the like amount to the satisfaction of the Trial Court and also subject to
deposit of the fine amount (if not already deposited). The appellant shall mark
his appearance before the Registry of this Court on 6/2/2023, and thereafter on
other subsequent dates as may be fixed by the Registry in this behalf.
Accordingly, I.A. No.15349/2022 stands allowed and disposed of.
Certified copy as per rules.
(ROHIT ARYA)
JUDGE
(Dubey)
SUNEEL
DUBEY
2022.11.29
12:17:45
-08'00'
