Kasam Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 1745 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                        CRA No. 1724 of 2023
                                                (KASAM KHAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-01-2023
                                Shri Nilesh Dave - Advocate for appellant.

                                Shri Vishal Panwer - Panel Lawyer for the respondent/State.

Record of the trial Court has already been received in the connected appeal.

Heard on the question of admission.

The appeal is admitted for final hearing.

Also heard on I.A.No.1502/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the appellant Kasam Khan.

Appellant stands convicted vide judgment dated 13/12/2022 passed in

S.T. No.2400335/2010 by 3 rd Additional Sessions Judge, Ratlam (M.P.) and has been sentenced to under go jail sentence under Sections 148, 332/149 (each in 2 counts), 353/149 (each in 2 counts), 427/149, 435/149 of IPC, Section 25(1)(1)(B) of the Arms Act and Section 3/149 of Prevention of Damage to

Public Property Act, 1984 for 03 years RI, 03 years RI, 02 years RI, 02 years RI, 05 years RI, 01 year RI and 05 years RI with fine of Rs.1,000/-, Rs.500/-, Rs.500/-, Rs.1,000/-, Rs.1,000/-, Rs.1,000/- and Rs.1,000/- respectively with default stipulation.

Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. Appellant is in custody since the date of judgment. The trial Court has erred in convicting the appellant

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/1/2023 11:13:37 AM

without appreciating the evidence available on record in its true perspective. During the trial appellant was on bail and he has not misused the liberty granted to him. There are so many material contradictions and omissions in the statement of witnesses. Appellant is facing trail for last thirteen years. 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. Jail sentence of co-accused Ahsan and others have already been suspended by this Court vide order dated 18/01/2023. Appellant is the permanent resident of District Ratlam. Hence, the execution of the remaining part of the jail sentence of the appellant be suspended till the final disposal of this appeal.

P e r contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection by submitting that it is a heinous matter of communal violence. Some of the appellants in the incident have been identified by the witnesses. There is a strong case in favour of the prosecution. Hence, appellant is not entitled for grant of suspension of sentence.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that appellant was on bail during the trial and there is no complaint that he has misused the liberty given to him; appellant has no past criminal record and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I find it is to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.1502/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 2/1/2023 11:13:37 AM

Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of learned trial, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 08/05/2023 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: 2/1/2023 11:13:37 AM