Madhya Pradesh High Court
Tufail Khan @ Raju vs The State Of Madhya Pradesh on 3 August, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3478 of 2023
(TUFAIL KHAN @ RAJU AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 03-08-2023
Shri K.N.Fakhruddin - Advocate for the appellants.
Shri Yogesh Dhande - Government Advocate for the respondent-State.
Heard on I.A. No.7744 of 2023, first application for suspension of
sentence and grant of bail to appellant No.2-Ashrafunnisha, arising out of
judgment dated 27.2.2023 delivered in ST No.81/2016 by 2nd Additional
Sessions Judge, Nagaud, District - Satna.
The appellant No.2 has been convicted under Section 304-B of IPC and
sentenced to undergo life imprisonment with fine of Rs.5000/-, Section 498-A
of the I.P.C and sentenced to undergo R.I. for two years with fine of Rs.1000/-
and under Section 4 of Dowry Prohibition Act and sentenced to undergo R.I.
for 6 months with fine of Rs.2000/-, with default stipulations.
Learned counsel for the appellant No.2 submits that she has been falsely
implicated in the case. She has not committed any offence in any manner.
Learned counsel for the appellant No.2 submits that incident is dated 2.9.2015
whereas F.I.R. (Ex.P/13) has been registered on 9.10.2015. Thus, there is delay
of more than one month in lodging the F.I.R. The statement of witness under
Section 161 of Cr.P.C. has also been recorded belatedly i.e. on 21.9.2015. It is
further submitted that from the depositions of Dr. H.K. Agarwal (PW-6),
Santosh Dehriya (PW-7) and Satendra Singh (PW-8), it is evident that appellant
No.1, who is husband of deceased, got burnt while saving his wife. The
allegations are omnibus in nature. Learned counsel submits final hearing of this
appeal is not possible in near future and at present the appellant No.2 is about
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/7/2023
2:33:45 PM
5 8 years and she is suffering from stone, piles, B.P. and heart problem,
therefore, he submits that looking to her age and her ailment, the remaining jail
sentence of the appellant No.2 may be suspended.
Learned Government Advocate opposed the prayer on the strength of
objection.
Taking into consideration the overall facts and circumstances of the case,
especially that the appellant No.2 is a lady suffering from various ailments,
without expressing any conclusive opinion on merits of the case, coupled with
the fact that final hearing of this appeal is not possible in near future, we
deem it proper to suspend the remaining jail sentence of the appellant No.2.
Accordingly, aforesaid I.A. is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of the appellant No.2 - Ashrafunnisha is hereby
suspended and it is directed that she be released on bail on her furnishing a
personal bond for a sum of Rs.30,000/- (Rupees thirty 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 trial Court, Nagaud, District Satna on
9.10.2023 and also on such other dates, as may be fixed by the trial court in
this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
irfan
Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 8/7/2023
2:33:45 PM
