Haidar Ali @ Haidar Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 760 MP

                                                               1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 2049 of 2021
                                         (HAIDAR ALI @ HAIDAR KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-01-2023
                                 Shri Mohd. Aadil Usmani - Advocate for appellant.

                                 Shri Ajay Shukla - Government Advocate for the respondent / State.

Heard on I.A.No.18237 of 2022 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant Haidar Ali @ Haidar Khan arising out of judgment dated 06/03/2021 delivered in S.T.

No.97/16 by the learned Additional Sessions Judge, Budhar, District Shahdol.

The appellant has been convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that as per the prosecution story, on 09.02.2016, the appellant assaulted deceased Sultana Khan because she declined the offer of appellant to marry her. Because of four injuries, she was taken to the hospital, but she succumbed to the injuries on 12.02.2016. Learned counsel for the appellant submits that dying declaration is not trust

worthy because there is a gap of 5 minutes between the time finding regarding fitness of deceased and recording of statement is concerned. The fitness was given later in time whereas statement is recorded prior in time. Except Mrs. Sayara (PW-1) who was accompanying the deceased at the time of incident, other have turned hostile. There was delay in providing the adequate treatment, because of which she succumbed to injuries. The medical evidence is not clear as to whether the assault was so fatal because of which, Section 302 of IPC can be attracted. In support of his contentions he placed reliance on Supreme Court Signature Not Verified Signed by: ROSHNI SINGH Signing time: 13-Jan-23 5:32:10 PM

cases passed in Kartarey and others V/s State of U.P. reported in 1976 1 SCC 172 and Vijay Singh and Another V/s State of Madhya Pradesh reported in 2014 12 SCC 293.

We have seen the statement of eyewitness Mrs. Sayara (PW-1) and also the dying declaration. Considering the heinous nature of crime which had taken place in broad daylight on a railway station merely because the deceased declined to marry the appellant, no case is made out for suspension of sentence at this stage.

Accordingly, I.A. No.18237 of 2022 is dismissed.

                              (SUJOY PAUL)                            (AMAR NATH (KESHARWANI))
                                 JUDGE                                         JUDGE

                          R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 13-Jan-23
5:32:10 PM