Anis Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3764 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 3509 of 2018
                                                 (RIZWAN Vs THE STATE OF MADHYA PRADESH)

                                                            CRA/03873/2018
                           Dated : 03-03-2023
                                 Shri Sunil Kumar Soni - Advocate for appellant in Cri.A. No.

                           3509/2018.
                                 Ms. Sudha Shrivastava - Advocate for the appellant in Cri.A. No.
                           3873/2018.
                                 Ms. Mamta Shandilya - Government Advocate for respondent/State.

Heard IA No. 2913/2023 which is an application for urgent hearing. On due consideration IA No. 2913/2023 is disposed off. H e a r d on I.A. Nos.2090/2023 & 1864/2023 which are second applications filed on behalf of appellants Rizwan (in cri.A. No. 3509/18) and Anis Khan (in Cri.A. No. 3873/18) filed under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail.

The appellant Rijwan has been convicted under Section 302/34, 302/120 of IPC and sentenced to undergo Life Imprisonment each and under section 201 of IPC and sentenced to three years RI with fine of Rs. 1,000/-; and under

section 25(1-B) of Arms Act, sentenced to under 1 year RI with fine of Rs. 1,000/-; the appellant Anis Khan has been convicted under section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs. 5,000/- vide impugned judgment 24.3.2018 passed by Additional Sessions Judge, Dewas District Dewas in S.T. No. 3000025/2014.

As per prosecution story, these appellants on instructions of Irfan (brother of deceased) and Hazi Aadam (father of deceased) (since dead) have committed murder of Nagina whose dead body was found in a bag in two Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-03-2023 12:35:57

parts.

Learned counsel for the appellants submits that entire prosecution case is based on circumstantial evidence as there is no eye witness. Over and above, the appellants have completed more than 9 years of actual period of sentence and more than 10 years after remission. On the period of custody, the Hon'ble Apex court has granted suspension of sentence to Irfan Memon vide order dated 30.1.2023 passed in SLP (Cri.) No. 9271 of 2022. Therefore, these appellants are having parity with Irfan as they have also completed 9 years in custody.

Learned Government Advocate opposes the prayer and prays for its

rejection.

Heard learned counsel for the parties and perused the record. The Hon'ble Apex court vide order dated 30.1.2023 had passed following order:-

"The petitioner by way of the present special leave petition, has approached this court since the application for suspension of remaining jail sentence of the appellant (Irfan Memon) has been rejected by the High Court.

Heard MR. N.K. Mody, learned senior counsel appearing for the petitioner and Mr. Pashupathi Nath Razdan, learned counsel appearing for the respondent- State.

Learned counsel for the State has vehemently opposed grant of bail.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-03-2023 12:35:57

Taking into consideration the fact that the petitioner has been incarcerated for a period of more than 9 (nine) years and there is no likelihood of the appeal being heard by the High Court in the near future, we are inclined to allow the prayer for bail.

The petitioner is directed to be released on bail in connection with Sessions trial No. 300025 of 2014 and on such terms and conditions as may be deemed fit and appropriate by the learned Trial Judge.

The Special Leave petition is disposed off accordingly."

Considering the aforesaid, we are of the view that the present appellants also stand on same footing. Therefore, I.A. Nos.2090/2023 & 1864/2023 are allowed. The execution of jail sentence of the appellants Rizwan and Anis Khan is hereby suspended and it is ordered that the appellants be released on bail subject to depositing fine amount, if already not deposited, and on their furnishing a personal bond of sum of Rs.50,000/-(Fifty Thousand only) each with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial court on 15.5.2023 and also on such other dates, as may be fixed in this regard during the pendency of

this appeal.

Certified copy as per rules.

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-03-2023 12:35:57

(VIVEK RUSIA) (ANIL VERMA) JUDGE JUDGE BDJ

Signature Not Verified Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-03-2023 12:35:57