Naba @ Nabi Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 3799 MP

Madhya Pradesh High Court

Naba @ Nabi Khan vs The State Of Madhya Pradesh on 8 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 10187 of 2022
                                       (NABA @ NABI KHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 08-02-2024
                                 Shri Gulab Sharma - Advocate for the appellants.

                                 Shri K. K. Tiwari - Government Advocate for the respondents State.

Heard on I.A.No.14531/2022, which is the first application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant Raid Khan S/o Naba Khan and IA No.

14506 of 2022 which is an application filed under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail moved on behalf of the appellant Naba @ Nabi Khan S/o Umar Khan 2 . The appellants stands convicted vide judgment dated 13.09.2022 passed by the Second Additional Sessions Judge, Sarangpur, District Rajgarh (MP) in Session Trial No.409/2019 for offence punishable under Section 302 read with Section 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.3,000/- with default stipulation.

3 . The prosecution case found to be proved is that the complainant

reported the matter at police station that the appellants at 12 : 15 in noon on 25.08.2019 with a common intention assaulted the deceased and after the thirteenth day of incident the deceased expired On the basis of the aforesaid, crime was registered.

4 . Learned counsel for the appellants submits that appellants have has b een falsely implicated in the case. Trial Court has wrongly convicted the appellants. The role of the appellants is that they caught hold of the deceased Naushad and the co-accused Raid Khan had hit the deceased with lathi and the

quarrel started all of the sudden when the buffalo of Shahrukh entered into the maize field of the deceased. Only single blow was given on the head of the deceased and while treatment deceased Naushad succumbed to death. He further submits that final disposal of this appeal will take considerable time. Therefore, in such circumstances, it is prayed that the jail sentence of appellants be suspended and they be released on bail.

5 . Learned counsel for the respondent/ State opposes the prayer for suspension of jail sentence and prays for its rejection on the ground that there is an active participation of the appellants in the crime.

6. On due consideration of the facts and circumstances of the case as

well as looking to the period of detention and active participation of the appellants in the crime, without expressing any opinion on merits of the case, both the I.A.No.14531/2022 and IA No. 14506 of 2022 stands dismissed.

List for final hearing in due course.

Certified copy as per rules.

                              (S. A. DHARMADHIKARI)                                 (DEVNARAYAN MISHRA)
                                       JUDGE                                               JUDGE

                           rashmi