Shahruk @ Kati vs The State Of Madhya Pradesh
2023 Latest Caselaw 5485 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                      CRA No. 4070 of 2018
                                            (SHAHRUK @ KATI Vs THE STATE OF MADHYA PRADESH)

                           Dated : 03-04-2023
                                 Shri Saaransh Jain, learned counsel for the Appellant [A-1].

                                 Shri K. K. Tiwari, learned G.A. for respondent/State.

Heard on I.A. No.1204/2024, which is fourth application for suspension of sentence and grant of bail filed under section 389(1) of the Cr.P.C filed on behalf of the Appellant - Shahrukh @ Kati.

Earlier First I.A. No. 4031/20218 dated 15.03.2019 was dismissed for want of prosecution, Second I.A. No. 10101/2019 dated 19.12.2019, which is an application for temporary suspension was dismissed and Third I.A. 8620/2020 dated 03.02.2021, an application for temporary suspension was dismissed as withdrawn.

Reply has been filed by the State in CRA No. 1990/2018 and the same is being adopted in this Criminal Appeal also.

The Trial Court has convicted the appellant under Section 302/34 of IPC and sentenced to undergo Life imprisonment with fine of Rs. 3,000/-, Section

324/34 of IPC and sentenced to undergo R.I. of 2 years with fine of Rs. 1,000/- , Section 394/397 of IPC and sentenced to undergo R.I. of 7 years with fine of Rs. 2,000/- and Section 25 (1b)(b) of Arms Act, and sentenced to undergo R.I. for 1 year with fine of Rs. 500/- with default stipulation, vide judgment of conviction and order of sentence dated 18.01.2018 passed by VIIth Additional Sessions Judge, Indore (M.P.) in S.C. No. 888/2014.

As per prosecution case, on 05.06.2014 at about 9:30 PM, three unknown persons with deadly weapons entered into a hardware shop of Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 05-04-2023 10:25:57

Murtaza (PW-11) and they had looted Rs. 7,000/- in cash and murdered Zakir Hussain father of complainant Murtaza (PW-11) and also gave injury to the complainant. During investigation, the present appellant Shahrukh @ Kati and co-accused persons Mohammad Shoaib @ Bhiku and Shanu @ Shahnawaz had been arrested and after investigation charge sheet was filed against them.

Learned counsel for the appellant submits that he has not committed any offence and he has falsely been implicated in the case. Murtaza (PW-11) is only eye-witness of the incident and on his information, an FIR was lodged against unknown persons. Murtaza (PW-11) in paragraph 11 has admitted that Police had shown the photographs and videos of the appellant and other accused

persons from the Mobile Phone to this witness, who later identified the appellant in the identification parade. No incriminating material was seized from the possession of the present appellant though a knife was recovered from him but it has not been established by the prosecution that aforementioned knife was used in the crime. The present appellant is in custody since 06.06.2014. Final hearing of this appeal is not possible in near future. Therefore, it is prayed that remaining jail sentence may be suspended and the appellant may be released on bail.

Learned Govt. Advocate for the respondent/State has objected the prayer and prayed for rejection of his application.

We have heard learned counsel for both the parties and perused the record.

Looking to the facts and circumstances of the case and also considering the evidence available on record against the appellant, coupled with the fact that final hearing of this appeal is not possible in near future. Therefore, we are

Signature Not Verified Signed by: VATAN SHRIVASTAVA Signing time: 05-04-2023 10:25:57

inclined to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.1204/2023, is allowed.

I t is directed that subject to depositing the fine amount, if already not deposited, Appellant - Shahrukh @ Kati shall be released on bail, on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of trial Court, for his appearance before the Registry of this Court firstly on 25.07.2023, and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

C.C. as per rules.

                              (S. A. DHARMADHIKARI)                         (PRAKASH CHANDRA GUPTA)
                                       JUDGE                                         JUDGE

                           Vatan




Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 05-04-2023
10:25:57