Anwar Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 4113 MP

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   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.309 OF 2023
     (Anwar Khan and Another vs The State of Madhya Pradesh)


Indore, Dated 15.03.2023
      Mr. Mukesh Sinjonia, counsel for the appellants.
      Mr. Tarun Pagare, counsel for the respondent/State.

Mr. Romil Malpani, counsel for the complainant. Heard on the point of admission.

The appeal is admitted for final hearing. Record has been received.

Also heard on IA No.208/2023 which is first application under Section 389(1) of Criminal Procedure Code, 1973, filed on behalf of appellants namely; appellant No.1 Anwar Khan S/o Mohammad Pathan and appellant No.2 Amanulla Khan S/o Anwar Khan who have been convicted by learned Third Additional Sessions Judge, Sujalpur, District-Shajapur (MP) in Session Trial No.100090 of 2016 vide judgment dated 30.12.2022 and has been sentenced them as under:

              Conviction                         Sentence
     Section & Act   Imprisonment        Fine     Imprisonment in
                                        Amount      lieu of fine
       307/34 IPC      04 year RI        500/-      02 month RI
        307 IPC        07 year RI       1000/-      06 month RI

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.309 OF 2023 (Anwar Khan and Another vs The State of Madhya Pradesh)

As per prosecution casae, it is alleged that both the appellants Anwar Khan and Amanulla Khan have assaulted Amirulla with the help of sword and knife. The injuries on Amirulla are not on the vital parts of the body and the injuries have not been found to be dangerous to life.

Counsel for the appellants submits that the appellants have been convicted with the aid of Section 34 of IPC and according to the prosecution case the injuries caused to the victim have not been found to be dangerous to life. The appellant No.1 had already undergone the jail sentence of more than six months and the appellant No.2 had served the jail sentence of more than one year. The appellants were on bail during trial and they have not misuse the liberty so granted to them. There is no likelihood of early hearing of this appeal in near future. With these submissions, suspension has been sought.

Per contra, counsel for the respondent/State as well as complainant has opposed the prayer and submits that the appellants had the intention to kill the victim as they were armed with deadly weapons.

After hearing learned counsel for the parties and taking into

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.309 OF 2023 (Anwar Khan and Another vs The State of Madhya Pradesh)

consideration the fact that the appellants had caused the injury to the victim on the non-vital parts of body which was not found to be dangerous to life and the fact they have been convicted with the aid of Section 34 of IPC, 1860, but without expressing anything on merits of the case, the application IA No.208/2023 is being allowed.

It is directed that substantive jail sentence of appellants shall be suspended subject to their depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) each with one solvent surety each of like amount to the satisfaction of trial Court for their appearance before the Registry of this Court on 21.08.2023 and on all other subsequent dates as may be fixed by the Registry in this behalf. Accordingly, application IA No.208/2023 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2023.03.15 21:17:00 +05'30'

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.309 OF 2023 (Anwar Khan and Another vs The State of Madhya Pradesh)