Madhya Pradesh High Court
Mohsin Khan vs The State Of Madhya Pradesh on 8 February, 2023
Author: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9269 of 2022
(MOHSIN KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 08-02-2023
Shri Manu Maheshwari, learned counsel for the Appellant.
Shri Bhaskar Agrawal, learned G.A. for respondent/State.
Heard on I.A. No. 13548/2022, first application under Section 389 of Cr.P.C.
for suspension of sentence and grant of bail filed on behalf of Appellant- Mohsin
Khan is taken up.
Appellant has been convicted under Section 302/120-B of IPC (for deceased
Haji Mo.) and sentenced to undergo life imprisonment with fine of Rs.10,000/-,
Section 302/120-B of IPC (for deceased Mujib) and sentenced to undergo life
imprisonment with fine of Rs.10,000/-, and Section 506 of IPC and sentenced to
undergo 7 years, with default stipulation.
As per prosecution case, on 13.03.2014 appellant and other accused persons
entered into criminal conspiracy to murder Haji Mohammad and Mujib. The
complainant Imran Khan was going to Neemuch from Ramnimboda by Etios vehicle
bearing Registration No. RJ-01-CB-5277 alongwith his brother Haji Mohammad,
Mujib Khan, Sakka Khan and Ramesh. Ramesh was driving the car at that time.
Furtherance of criminal conspiracy co-accused persons Babu Bilod, Shahid, Abdul,
Kamal Rana and two other came there by vehicle and fired gun shot on Haji Mohammad
and Mujib. Due to gun shot injury, both the injured persons had died on the spot. With
the intention of murder, Kamal Rana fired on Ramesh, due to which he sustained
injuries on his thigh.
Learned counsel for the appellant submits that appellant has not entered in any
conspiracy to kill the deceased persons. There is no evidence in the case that he was
entered in the alleged conspiracy. At the time of incident, the appellant was not present
at the spot. The Trial Court has also given findings in paragraph 172 of the impugned
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 09-02-2023
16:08:43
judgment that there is no evidence against the appellant to make plan in respect of
committed the offence. The appellant is in custody. The final hearing of this appeal is
not possible in near future. Therefore, the remaining jail sentence of the appellant may
be suspended and appellant may be released on bail.
Learned counsel for the appellant placed reliance in the case of Bilal
Hajar alias Abdul Hameed v. State Rep. by Inspector of Police AIR 2018
SC 4780.
Per contra, learned counsel for respondent/State objected the prayer of
the appellant and prayed for rejection of application.
We have heard learned counsel for the parties at length and perused the record.
The Apex Court in the case of Bilal Hajar alias Abdul Hameed (Supra) in
paragraph 32 has observed as under:-
"Therefore, in order to constitute a conspiracy, meeting of
mind of two or more persons to do an illegal act or an act by
illegal means is a must. In other words, it is sine qua non for
invoking the plea of conspiracy against the accused. However,
it is not necessary that all the conspirators must know each
and every detail of the conspiracy, which is being hatched and
nor it is necessary to prove their active part/role in such
meeting."
Looking to the facts and circumstances and also considering the
evidence available on record, we inclined to suspend the remaining jail sentence
of appellant. Accordingly I.A. No. 13548/2022 is allowed.
It is directed that on deposition of the fine amount, if not deposited, and
also on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand)
with one solvent surety in the like amount to the satisfaction of the trial Court
for his appearance before the Registry of this Court on 13.03.2023 and on all
other subsequent dates, as may be fixed by the Registry in this behalf, the
execution of substantial jail sentence imposed on the Appellant- Mohsin Khan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 09-02-2023
16:08:43
shall remain suspended, till final disposal of this appeal.
List in due course.
C.C as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 09-02-2023
16:08:43
