Mohd. Raheem vs The State Of Madhya Pradesh
2023 Latest Caselaw 14408 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    CRA No. 3147 of 2023
                                      (MOHD. RAHEEM AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-09-2023
                               Shri G.P. Tripathi - Advocate for appellant.

                               Shri A.S. Baghel - Public Prosecutor for respondent/State.

Heard on I.A.No.14830 of 2023.

This is the first application filed on behalf of accused/appellant No.4 Chhotu @ Tuta seeking for suspension of sentence and grant of bail.

The case of the prosecution is that on 06.07.2020 at about 10:00 P.M. when the complainant was standing in front of his uncle with his friend Monu Mansoori, the accused persons came there and caught hold of Monu and inflicted injuries by knife. When Raja @ Sarik tried to intervene the matter, the accused caught hold of him and caused injuries by knife. He succumbed to the injuries. The matter was reported to the Police authorities. After investigation, charge-sheet had been filed before the competent court from where the case was committed for trial to the Court of Sessions Judge, Jabalpur. After conclusion of the trial, the accused have been convicted under Sections 302

read with Section 34 of the Indian Penal Code and sentenced to R.I. for Life and a fine of Rs.1,000/-, with default stipulations, as mentioned in the impugned judgment.

This application has been filed on the ground that the material prosecution witnesses have not supported the prosecution story. Except the statement of Investigating Officer Umesh Golhani (PW/8), no other incriminating material is available against the present appellant. There is no allegation against the present appellant of causing any injury to the deceased. Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 9/6/2023 5:05:01 PM

The prosecution has failed to show any active participation of the present appellant. The appellant is in custody since 08.08.2020 and is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence and grant of bail.

P e r contra, learned Public Prosecutor has vehemently opposed the contentions stating that complainant Farukh Khan (PW/1) has supported the prosecution story. Dr. Pradeep Kumar Markam (PW/7) supports the prosecution story and cause of death was reported to be hemorrhagic shock due to ante-mortem injuries. The weapon which was recovered from the possession of the appellant corroborates with the injuries. I.O. Umesh Golhani

(PW/8) has fully supported the prosecution story. There is active participation of the present appellant in commission of offence and in a preplanned manner, the accused persons armed with weapons had caused injuries to the deceased. Under these circumstances, no case for suspension of sentence and grant of bail is made out. He has prayed for rejection of the application.

Considering the overall facts and circumstances of the case as well as the statements of witnesses Farukh Khan (PW/1) and Umesh Golhani (PW/8) coupled with the medical report and seizure of weapons, this Court does not deem it appropriate to enlarge the appellant on bail by suspending the jail sentence. Consequently, I.A. No.14830 of 2023 is dismissed.

                              (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                CHIEF JUSTICE                                             JUDGE

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Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/6/2023
5:05:01 PM