Madhya Pradesh High Court
Amzad Kha vs The State Of Madhya Pradesh Thr. on 13 December, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 812 of 2015
(AMZAD KHA Vs THE STATE OF MADHYA PRADESH THR.)
Dated : 13-12-2023
Shri Sunil Sharma -Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General for the
respondent/State.
Heard o n IA No.11567 of 2023 , second repeat application under
Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of sole appellant- Amzad Khan. The first application (I.A.
No.10685/2019) was dismissed on merit on 04/03/2020.
Appellant stood convicted under Section 302 of IPC and sentenced to
suffer Life Imprisonment with a fine of Rs.5000/-, under Section 25(1-Kha)(Ka)
of Arms Act and sentenced to suffer 01 Year's RI with a fine of Rs.1,000/- and
under Section 27(1) of Arms Act and sentenced to suffer 03 Years' R.I. with a
fine of Rs.1,000/- with default stipulations vid e judgment of conviction and
order of sentence dated 18/08/2015 passed by Special Judge (Atrocities),
Bhind, District- Bhind (M.P.) in Special Sessions Trial No.09 of 2015.
Appellant-Amzad Khan so far has suffered more than nine years' of
incarceration.
Prosecution story, in short, is that deceased- Mukesh had taken a house
on rent at Ward No.13, Daboh for the purpose baking snacks. On 06/11/2014
at about 7:45 PM, he had come after selling snacks along with Suraj, his father's
grand-son. Father- Ramdhani and brother- Raju were going to the deceased
from their home, at that time, in front of the house of Guddi Dheemar, they
found that deceased - Mukesh was standing in the way. They saw from the
pace of 8-10 feet accused- Amzad Khan firing on Mukesh from the distance of
3-4 feet bullet of which hit on his back side of right shoulder as a result Mukesh
fell down on the ground. Accused- Amzad and his other companion after
committing murder of Mukesh fled away. Two years ago, appellant had
altercation with Mukesh and because of this rivalry accused committed murder
of Mukesh and fled away therefrom. Father- Ramdhani got Mukesh to Police
Station- Damoh on a hand-card where report was submitted and on the basis of
which Crime No.158/2014 for the offence punishable under Section 302/34 of
IPC and Section 3(2)(v) of SC/ST Act was registered and investigation was
triggered. Upon completion of investigation, challan was filed. The Special
Court upon critical evaluation of the evidence placed on record and statements
recorded, convicted and sentenced the present appellant as referred above.
Learned counsel for appellant while taking exception to the impugned
judgment of conviction and order of sentence submits that the Special Court
has not appreciated the evidence placed on record in correct perspective. The
judgment suffers from surmises and conjectures. It is further submitted that the
appeal being of the year 2015 is not likely to be decided early in the near future.
On these grounds, learned counsel submits that the present appellant may be
extended the benefit of suspension of sentence and grant of bail..
Per contra, Shri Shukla, learned Additional Advocate General, appearing
on behalf of the respondent/State, while supporting the judgment impugned,
submits that no exception can be taken in the matter of suspension of sentence
and grant of bail, regard being had to the nature and the gravity of offence
found proved against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the fact that present
appellant has already undergone the incarceration of more than nine years as per
the report submitted by the Superintendent, Central Jail, Gwalior dated
07.12.2023 and the present appeal being of the year 2015 is not likely to be
decided early in the near future, the present appellant is entitled to the benefit of
suspension of sentence and grant of bail.
Accordingly, IA No.11567 of 2023 stands allowed and it is directed that
the jail sentence of appellant- Amjad Khan shall remain suspended during
pendency of the present appeal and he shall be released on bail subject to
verification of the factum of depositing the fine amount and on his furnishing a
personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac only) with one
solvent surety in the like amount to the satisfaction of the Trial Court.
Appellant- Amjad Khan is directed to appear before the Registry of
this Court first on 12/2/2024 and on other subsequent dates as may be fixed in
this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
rahul
