Nashir Shah vs The State Of Madhya Pradesh
2023 Latest Caselaw 5386 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 252 of 2022
                                       (NASHIR SHAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 31-03-2023
                               Shri Alok Kumar Gupta-Advocate for the appellant.

                               Ms. Priyank Jain-Panel Lawyer for the respondent/State.

Heard on I.A.No.12204/2022, first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to appellant-Nashir Shah, pending the appeal.

Appellant along with two other persons has been convicted for commission of offence under Section 498-A and 306 of IPC and has been sentenced to undergo RI for 3 years with fine of Rs. 1,000/- and RI for 10 years with fine of Rs.3,000/- respectively with default stipulation vide judgment dated 23.12.2021 passed in ST. No 2700219/2016 (State of M.P. Vs. Nashir Shah and others) by learned Seventh Additional Session Judge, Katni, District- Katni. Appellant/accused is undergoing jail sentence since 23.12.2021.

Learned counsel for the appellant has submitted that deceased was his wife. She in her dying declaration has clearly stated that she poured kerosene oil

on herself as she was having dispute with her appellant/husband on petty issues. She was having strained relations with husband, sister-in-law and mother-in-law in her matrimonial home. She put herself on fire as her husband attempted to drove her out from the matrimonial home. She poured kerosene oil on herself and self-blazed. It is further submitted that if the dying declaration is taken or accepted as correct even then the factum of abetment necessary under Section 107 of IPC has not been proved by prosecution. Two co-accused have already

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/1/2023 4:11:18 PM

been released on bail. Their case is identical to the case of the present appellant/accused. It is contended that appellant has fair chance to succeed in the appeal as the evidence of prosecution/witnesses and other material on record is not worth reliance. Therefore, it has been prayed that appellant/accused be released on bail by suspending jail sentence.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail and suspension of jail sentence of appellant Nashir Shah contending that he is the main accused. Therefore, he be not released on bail.

I have gone through the dying declaration (Exhibit-P/3) recorded by

Naib Tehsildar (PW-4) and other material on record. Appellant is in jail for more than one year and three months. There is no possibility of hearing of this appeal in near future. Therefore, having considered the material available on record including the evidence of witnesses, I am of the view that it is a case in which jail sentence of the appellant/accused may be suspended.

Accordingly, aforesaid I.A.No.12204/2022 is allowed. The execution of jail sentence of appellant-Nashir Shah is hereby suspended subject to depositing the fine amount, (if not already deposited). It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) with one 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 19.07.2023 and also on such other dates, as may be fixed by the Registry in this regard during the pendency of this appeal.

List the case for final hearing in due course as per listing policy. Certified copy as per rules.

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/1/2023 4:11:18 PM

(DINESH KUMAR PALIWAL) JUDGE

kundan

Signature Not Verified Signed by: KUNDAN SHARMA Signing time: 4/1/2023 4:11:18 PM