Madhya Pradesh High Court
Rafique Khan vs The State Of Madhya Pradesh on 1 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5280 of 2019
(RAFIQUE KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 01-02-2024
Shri Rambihari Gautam - Advocate for the appellant.
Shri A.N. Gupta - Government Advocate for the State.
Shri Sushil Kumar Sharma - Advocate for the objector.
Heard on I.A. No.19756 of 2022, an application under Section 389(1)
o f the Cr.P.C for suspension of sentence and grant of bail to appellant -
Rafique Khan arising out of judgment dated 25.03.2019 delivered in Special
Case No.41/2016 passed by Special Judge, Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, Shahdol (MP).
The appellant - Rafique Khan has been convicted under Section 307 of
the I.P.C. and Section 3(2)(v) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo Life
Imprisonment with fine of Rs.3,000/- and Life Imprisonment with fine of
Rs.3,000/- respectively, with default stipulations.
Learned counsel for the appellant wh ile pressing application for
suspension of sentence of appellant has stated that as per prosecution version
the complainant had lodged a case under Sections 294 and 507 of the I.P.C.
against the present appellant and the incident in the present incident is said to
have occurred, when the complainant refused to compromise the said earlier
case. It is alleged that the appellant approached complainant for compromise,
but when the complainant refused to compromise earlier case, then the present
appellant assaulted her with a knife.
Learned counsel for the appellant has further submitted that though there
are six injuries caused to the complainant, but none of the injuries are grievous
in nature in terms of Section 320 of the I.P.C. It is further submitted that the
present case cannot be said to be one under Section 307 of the I.P.C., because
there was no intention to murder. It is also submitted that though the present
appellant is said to be carrying knife, but there is not a single stab injury on the
person of complainant, but the injuries are incised injuries. It is further argued
that the ingredients of Section 307 of the I.P.C. are not made out and the
appellant has already undergone seven years six months of actual jail sentence.
It is submitted that final hearing of this appeal is not possible in near future.
Thus, remaining jail sentence of the present appellant may be suspended.
Learned Government Counsel for the State as well as learned counsel for
the objector opposed the prayer.
Considering the aforesaid aspect and without expressing any conclusive
opinion on the merits of the case, we deem it proper to suspend the remaining
jail sentence of this appellant.
Accordingly, I.A. No.19756 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that the appellant - Rafique Khan be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty 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 trial Court, Shahdol on
02.04.2024 and also on such further dates as may be fixed by the trial Court in
this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
rj
