Madhya Pradesh High Court
Sameer Khan vs The State Of Madhya Pradesh on 30 November, 2023
Author: Sunita Yadav
Bench: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9310 of 2023
(SAMEER KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 30-11-2023
Mr. Arun Kumar Paterya - Advocate for the appellant.
Mr. Girraj Soni - Panel Lawyer for respondent/State.
Admit.
Heard on I.A.No.13394 of 2023, which is first application under
Section 389 Cr.P.C. for suspension of sentence and grant of bail moved by the
appellant.
This Criminal Appeal assails the judgment dated 10.7.2023 passed by
Fifteenth Additional Sessions Judge, Gwalior (M.P.) in Sessions Trial
No.91/2022, whereby the appellant has been convicted and sentenced under
Section 307 r/w 34 of IPC to undergo rigorous imprisonment of four years with
fine of Rs.1000/-, Section 460 of IPC to undergo rigorous imprisonment of
four years with fine of Rs.500/- and under Section 25/27 of Arms Act to
undergo rigorous imprisonment of one year with fine of Rs.500/-, with default
stipulations.
Learned counsel for the appellant submits that the trial Court has wrongly
convicted the appellant without appreciating the evidence available o n record.
As per prosecution story, daughter of the injured persons had knew the identity
of the appellant, however, FIR has been lodged against unknwon persons which
makes the entire prosecution story suspicious. There are material omissions and
contradictions in the statement of the prosecution witnesses. Further
submission is that appellant has already served incarceration of one year out of
total jail sentence awarded by the learned trial Court. Further submission is that
co-accused Sanskar Parihar has already been suspended the jail sentence vide
order dated 23.11.2023 in connected Cr.A. No.10096 of 2023, therefore he
seeks parity. The present criminal appeal is likely to take long time to conclude.
Hence, prayed to suspend the jail sentence and grant of bail to the appellant.
Counsel for the State as well as counsel for the complainant vehemently
opposed the application and prayed for its rejection.
Heard learned counsel for the parties and perused the materials available
on record.
Considering the facts and circumstances of the case, without
commenting on merits of the case, I.A. No.13394 of 2023 is hereby allowed.
Subject to depositing of fine amount, if not already deposited, and on furnishing
personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent
surety of the like amount to the satisfaction of the concerned trial Court, the
remaining jail sentence of the appellant shall remain suspended and he be
released on bail. He is further directed to mark his appearance before the Office
of this Court o n 18.01.2024 and on subsequent dates given by the Office in
this regard, till final disposal of this appeal.
Appellant is directed not to give threat in any manner to the
injured/complainant party.
List the case for final hearing in due course.
A copy of this order be sent to the concerned Court below for
compliance.
Certified copy/ e-copy as per rules/directions.
(SUNITA YADAV)
JUDGE
(LJ*)
