Madhya Pradesh High Court
Manish Narware vs The State Of Madhya Pradesh on 17 July, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRIMINAL APPEAL No.9527 of 2022
(YASEEN KHAN VS. STATE OF M.P. & ANOTHER)
&
CRIMINAL APPEAL No.9708 of 2022
(MANISH NARWARE VS. STATE OF M.P. & ANOTHER)
&
CRIMINAL APPEAL No.197 of 2023
(ALTAF KHAN VS. STATE OF M.P. & ANOTHER)
Dated : 17-07-2023
Shri Abhinav Dubey - Advocate for appellant Yaseen Khan in Cr.A.
No.9527 of 2022.
Shri Sharad Verma - Advocate for appellant Manish Narware in
Cr.A. No.9708 of 2022.
Shri Aseem Kumar Dixit - Advocate for appellant Altaf Khan in
Cr.A. No.197 of 2023.
Shri S.K. Kashyap - Government Advocate for the
respondent/State.
Shri Ashish Kumar Kurmi - Advocate for the respondent
No.2/objector in Cr.A. No.9708 of 2022.
Heard on I.A.No.19778 of 2022, which is the first application for
suspension of sentence and grant of bail filed in Cr.A.No.9527 of 2022
under Section 389(1) of the Cr.P.C. on behalf of sole appellant Yaseen
Khan, I.A.No.1667 of 2023, which is the first application for
suspension of sentence and grant of bail filed in Cr.A.No.9708 of 2022,
under Section 389(1) of the Cr.P.C. on behalf of sole Manish Narware
and I.A.No.121 of 2023, which is the first application for suspension of
sentence and grant of bail filed in Cr.A.No.197 of 2023 under Section
389(1) of the Cr.P.C. on behalf of sole appellant Altaf Khan.
The appellants have filed these Criminal Appeals being
aggrieved by the judgment of conviction and sentence dated
30/09/2022 passed by Special Judge, SC/ST (Prevention of Atrocities)
Act, Narmadapuram, District Narmadapuram in SCATR No.68/2018
whereby Appellants Yaseen Khan (Cr.A.No.9527 of 2022) & Altaf
Khan (Cr.A.No.197 of 2023) have been convicted under Sections
302/34 read with Section 3(2)(v) of the SC/ST (Prevention of
Atrocities) Act and appellant Manish Narware (Cr.A.No.9708 of 2022)
has been convicted under Section 302/34 of the IPC and sentenced
them to undergo R.I. for life with fine of Rs.2,000/- each with default
stipulation.
As all the Appeals are arising out of the same judgment of
conviction and sentence, therefore, the interlocutory applications of all
the appellants in these connected Criminal Appeals are heard together.
Shri Sharad Verma, learned counsel for the appellant has
submitted that there is no eye-witness in the case and the conviction is
based upon the factum of last seen theory, as well as memorandum of
statements and nobody had seen the deceased with the company of
appellant, inspite of the fact, learned Trial Court convicted the
appellant.
Learned counsel for the appellant drew the attention of this Court
towards the omission in the statement of Kamlesh (PW-3) and his
statement recorded under Section 161 of the Cr.P.C. (Ex.D-3) and
submitted that PW-5 has also not supported the prosecution case. It is
also submitted that in accused statement recorded under Section 313 of
the Cr.P.C., appellants were not confronted with the FSL report (ExP-
36A) but trial Court wrongly believed on that report and conviction is
also based on the FSL report. In this regard, learned counsel for the
appellant drew the attention of this Court towards the para number 32
of the impugned judgment.
Shri Abhinav Dubey, learned counsel for the appellant Yaseen
Khan adopted the arguments advanced by Shri Verma, learned counsel
for the appellant in Cr.A. No.9708 of 2022 and in addition submitted
that the presence of blood stains were not mentioned in the Seizure
Memo and in this regard, learned counsel for the appellant drew the
attention of this Court towards the para number 14 of the statement of
Inspector -K.P. Dhurve (PW-10).
Shri Aseem Kumar Dixit, learned counsel for the appellant Altaf
Khan adopted the arguments advanced by Shri Verma, learned counsel
for the appellant in Cr.A. No.9708 of 2022 and Shri Dubey, learned
counsel for the appellant in Cr.A. No.9527 of 2022.
Learned counsels for the appellants also submitted that these
appeals are of the year 2022 and 2023 and there is no possibility of
early hearing of these appeals in near future, hence, learned counsels
for the appellants prayed for suspension of sentence and grant of bail to
the appellants.
Per contra, learned Government Advocate for the
respondent/State opposed the prayer and submitted that the trial Court
has passed the judgment after proper appreciation of evidence, that
came on record and has rightly held the appellants guilty for the
aforesaid offences, hence prays for dismissal of the applications.
We have heard the rival contentions of the learned counsel for
the parties and perused the record.
Considering the facts and circumstances of the case, including
overall evidence available on record, coupled with the fact that the
hearing of these appeals is not possible in near future, hence, without
expressing any opinion on merits, we deem it proper to suspend the
remaining jail sentence of aforesaid appellants. Accordingly, I.A No.
19778 of 2022, 1667 of 2023 and 121 of 2023 are allowed.
Subject to depositing the fine amount, if not already deposited,
the remaining jail sentence of appellants Yaseen Khan (Cr.A.No.9527
of 2022), Manish Narware (Cr.A. No.9708 of 2022) and Altaf Khan
(Cr.A. No.197 of 2023), is hereby suspended and it is directed that the
appellants be released on bail on their furnishing a personal bond for a
sum of Rs.50,000/- (Rupees fifty thousand only) each with one
solvent surety each of the like amount to the satisfaction of the trial
Court with a further direction to appear before the concerning trial
Court, Narmadapuram on 20.10.2023 and also on such other dates,
as may be fixed by the trial Court in this regard during the pendency of
these appeals.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
DPS
DHEERAJ PRATAP SINGH
2023.07.18 16:26:17 +05'30'
