Rizwan Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 5664 MP

Madhya Pradesh High Court

Rizwan Khan vs The State Of Madhya Pradesh on 23 February, 2024

Author: Anil Verma

Bench: Anil Verma

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 592 of 2024
                                              (RIZWAN KHAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 23-02-2024
                                 Mr. Ashutosh Surana - Advocate fort appellant.

                                 Ms. Nisha Tanwar - Panel Lawyer for respondent / State.

I.A. No.491 of 2024, which is an application for condonation of delay has already been disposed off vide order dated 18.01.2024.

2. Heard on I.A. No.492 of 2024, which is first application under Section

389 of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of the sole appellant Rizwan Khan.

3. Appellant stands convicted vide judgment dated 11/07/2023 passed in S.T. No.300244/2015 by III ASJ, Ratlam (M.P.) under Section 307/34 of IPC and Sections 25(1-b)(a) and 27 of Arms Act and has been sentenced to undergo 10 years RI with fine of Rs.500/-, 3 years R.I. with fine of Rs.500/- and 5 years R.I. with fine of Rs.500/-respectively with usual default stipulation.

4. Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this matter. He is languishing in jail

for more than eight years out of the awarded sentence. Jail sentence of co- accused Sameer has been suspended by this Court vide order dated 31.10.2023 passed in CRA No.9577/2023 in the similar circumstances. MLC report is not positive regarding the gun shot injury sustained by co-accused Rajesh. There are material contradictions and omissions in the statement of the witnesses. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellant. Hence, the execution of the remaining part of the jail sentence of the

appellant be suspended till the final disposal of this appeal.

5. Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

6. Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellant and also taking note of the fact that jail sentence of co-accused Sameer has already been suspended; appellant has already suffered 80% jail sentence of the awarded sentence and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellant.

7. Accordingly, I.A. No.492 of 2024 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellant in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellant shall remain suspended, till final disposal of this appeal.

8. The appellant after being enlarged on bail shall mark his presence before the Registry of this Court on 06/08/2024 and on all such subsequent dates, which are fixed in this behalf.

9. Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

(ANIL VERMA) JUDGE

Anushree