Rizwan vs The State Of Madhya Pradesh
2023 Latest Caselaw 3799 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, thnese 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 appellant submits that entire prosecution case is based on circumstantial evidence as there is no eye witness. Over and above, the appellants have commpleted 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 Learned Government Advocate opposes the prayer and prays for its rejection.

Heard both sides.

It is correct that as per Investigating Officer the well was 8 feet deep in

which water level 3 and 1/2 feet at the time of incident. The dead body was drowning. As per evidence, the floating takes place after 3-4 hours of the death but as per PW-1, he saw the body of his mother floating in the well. Therefore, prima facie , there is doubt on the testimony of the PW-1. There was previous enmity between them as admitted by PW-1 and PW-5.

Considering the aforesaid, I.A. No.3049/2022 is allowed. The execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant No.3 Balam @ Gallu be released on bail subject to depositing fine amount, if already not deposited, and on his furnishing a personal bond of sum o f Rs.50,000/-(Fifty Thousand only) with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the Registry of this Court on 24.03.2023 and also on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this appeal.

Heard IA No. 2913/2023 which is an application for urgent hearing.

Signature Not Verified On due consideration IA No. 2913/2023 is disposed off. Signed by: BHUVNESHWAR DATT JOSHI Signing time: 04-03-2023 12:35:57

Certified copy as per rules.

                             (VIVEK RUSIA)                          (ANIL VERMA)
                                 JUDGE                                 JUDGE

                           BDJ




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