Madhya Pradesh High Court
Mohammed Shoeib @ Bhiku vs The State Of Madhya Pradesh on 18 August, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2838 of 2018
(MOHAMMED SHOEIB @ BHIKU Vs THE STATE OF MADHYA PRADESH)
Dated : 18-08-2023
Shri Amar Singh Rathore - Advocate for the appellant.
Shri Bhuwan Gautam - Govt. Advocate for the respondent/State.
Heard on I.A. No.12473/2023, which is third 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 - Mohammed Shoeib @ Bhiku.
Earlier First I.A. No.7744/2018 dated 20.03.2019 was dismissed as
withdrawn, Second I.A. No.25178/2021 dated 22.10.2021 was dismissed as
withdrawn.
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(1-B)(A) 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.T. No.888/2014.
A s per prosecution case, on 05.06.2014 at about 9:30 PM, three
unknown persons with deadly weapons entered into a hardware shop of
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
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 18-08-
2023 18:45:59
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 accused persons from the
Mobile Phone to this witness, who later identified the appellant in the
identification parade. Similarly, situated appellant Shahrukh @ Kati and Shanu
@ Shanavaz are granted bail by this Court vide order dated 03.04.2023 and
23.07.2021 in CRAs No.4070/2018 and 1990/2018 respectively. Therefore,
appellant is also entitled for bail on the ground of similarity. Hence, 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 submits that it has not been disputed that the case of the present applicant
is similar with the aforesaid appellants who have been granted bail.
We have heard learned counsel for both the parties and perused the
record.
Looking to the facts and circumstances of the case, it has not been
disputed that case of the present applicant is similar with the co-accused
persons who were granted bail. Final hearing of this appeal is not possible in
near future. Therefore, we are inclined to suspend the remaining jail sentence of
appellant.
Accordingly, I.A. No.12473/2023, is allowed.
I t is directed that subject to depositing the fine amount, if already not
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 18-08-
2023 18:45:59
deposited, Appellant - Mohammed Shoeib @ Bhiku 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
19.09.2023, 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
Shruti
Signature Not Verified
Signed by: SHRUTI JHA
Signing time: 18-08-
2023 18:45:59
