Madhya Pradesh High Court
Mohsin Khan vs The State Of Madhya Pradesh on 27 April, 2023
Author: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7286 of 2021
(MOHSIN KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 27-04-2023
Shri Vijay Shukla - Advocate for the appellant.
Shri Shailendra Mishra - Panel Lawyer for the respondent/State.
None for respondent No.2, despite service of notice.
Trial Court record has already been received.
Heard on admission.
Trial Court record perused.
Prima-facie, this appeal seems to be arguable. Hence, admitted for final
hearing.
Heard on I.A.No.21510/2021, an application under Section 389(1) of
Cr.P.C for suspension of custodial sentence passed against the appellant -
Mohsin Khan.
The appellant has been convicted for commission of offence under
Section 307/34 of IPC and has been sentenced to R.I. for 10 year, and fine of
Rs.2000/- with default stipulations by the learned Special Judge, SC/ST (POA)
Act, Sehore (M.P.) vide judgment dated 23.10.2021, passed in S.C.No.19/2019
(State of M.P. Vs. Sultan and Others).
As per the prosecution story, on 11.01.2019, at around 5:30 PM when
complainant injured Rambabu was standing near Guru Kripa Shoe Center,
accused Sultan Khan and appellant Mohsin came. They abused him and
appellant Mohsin assaulted him with knife in his stomach with intent to kill him
and present appellant Mohsin khan assaulted him with wood stick on his head.
Learned counsel for the appellant has submitted that in this case co-
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 4/28/2023
11:43:14 AM
accused sultan Khan who had caused life threatening injury in the stomach of
injured Rambabu by knife has been released on bail by coordinate bench of this
Court. It is further submitted that a counter case was registered against the
injured and others also. Appellant has already suffered more than 2 years and 3
months in jail. His case is better then the case of Sultan who has already been
released on bail. Therefore, it is prayed that he too be released on bail.
On the other hand, learned counsel for the State has opposed the prayer
and has submitted that present appellant along with main accused - Sultan has
caused life threatening injury to the injured, learned trial Court has rightly
convicted him under Section 307/34 of IPC. Therefore, it is prayed that his
custodial sentence be not suspended.
Looking to the facts and circumstances of the case, submissions of
learned counsel for the appellant and the fact that main accused Sultan has
already been released on bail and this appellant has already suffered more than
2 years and 3 months in jail and according to listing policy, hearing of this
appeal is not possible in near future.
Therefore, I.A.No.21510/2021 is allowed and it is directed that execution
of jail sentence of appellant - Mohsin Khan is hereby suspended subject to
depositing the fine amount, if not already deposited. It is directed that the
appellants be released on bail on his furnishing a personal bond to a sum of
Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety of the like
amount to the satisfaction of the trial Court with a further direction to appear
before the Registry of this Court on 10.07.2023 and also on such other dates,
as may be fixed by the Registry in this regard during the pendency of this
appeal.
Signature Not Verified
List for final hearing in due course.
Signed by: DEEPA MISHRA
Signing time: 4/28/2023
11:43:14 AM
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
Jasleen
Signature Not Verified
Signed by: DEEPA MISHRA
Signing time: 4/28/2023
11:43:14 AM
