Madhya Pradesh High Court
Ahmad vs The State Of Madhya Pradesh on 20 February, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2928 of 2022
(AHMAD Vs THE STATE OF MADHYA PRADESH)
Dated : 20-02-2023
Shri Anopam Chouhan - Advocate for appellant.
Shri Santosh Singh Thakur - Govt. Advocate for respondent/State.
Heard on the question of admission.
The appeal is admitted for final hearing.
Also heard on I.A.No.2129/2023, which is second repeated application
under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining
jail sentence on behalf of the sole appellant Ahmad S/o Nadu.
Appellant stands convicted vide judgment dated 11/03/2022 passed in
S.T.No.06/2017 by II Additional Sessions Judge, Barwaha, District
Mandleshwar (M.P.) under Sections 307 of Indian Penal Code, 1860 and
sentenced to undergo 10 years RI with fine of Rs.2,000/- with usual default
stipulation.
Learned counsel for the appellant submit that appellant is an innocent
person and he has been falsely implicated in this matter. Victim Shubham (PW-
2) categorically stated in his statement that present appellant Ahmad and co-
accused Furkan caught hold his hand and knife was stabbed by co-accused
Rijja. Present appellant is not the main accused. Jail sentence of co-accused
Furkan has been suspended by this Court vide order dated 07/11/2022 passed
in Criminal Appeal No.3555/2022. Case of the present appellant is similar with
the co-accused Furkan. Prosecution story is very doubtful and no offence
under Section 307 of IPC is made out. During the trial appellant was on bail and
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/21/2023
11:28:12 AM
he has not misused the liberty granted to him. There are material contradictions
and omissions in the statement of the witnesses. Appellant is languishing in jail
since 11/03/2022 i.e. from the date of judgment. Looking to old pendency of
the cases for consideration, final conclusion of this appeal would take sufficient
long time. There is a strong case in favour of the appellant. Hence, the
execution of the remaining part of the jail sentence of the appellant be
suspended till the final disposal of this appeal.
Per contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection.
Having considered the rival submissions, material pointed out by learned
counsel for the appellant, especially the fact that complainant / Shubham (PW-
2) categorically stated in his statement that he was caught hold by the present
appellant and knife was stabbed by co-accused; co-accused Furkan has been
enlarged on bail and his remaining jail sentence has been suspended by this
Court; appellant was on bail during the trial; there is no complaint that he has
misused the liberty granted to him and final conclusion of the appeal will also
take sufficient long time. In view of the aforesaid facts and circumstances of the
case. Hence, I find it is to be a fit case to suspend the remaining custodial
sentence of the appellant.
Accordingly, I.A.No.2129/2023/2023 is allowed and it is directed subject
to deposit of fine any amount, if not already deposited, and subject to
furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees
Seventy Five Thousand Only) with separate solvent surety in the like amount
to the satisfaction of learned trial Court, the execution of remaining custodial
part of the sentence of the appellant shall remain suspended, till the final
disposal of this appeal.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/21/2023
11:28:12 AM
The appellant after being enlarged on bail shall mark his presence before
the Registry of this Court on 09/08/2023 and on all such subsequent dates,
which are fixed in this behalf.
Registry is directed to list the appeal for final hearing in due course.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 2/21/2023
11:28:12 AM
