Ajam vs The State Of Madhya Pradesh
2024 Latest Caselaw 5826 MP

Madhya Pradesh High Court

Ajam vs The State Of Madhya Pradesh on 26 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                    1
   HIGH COURT OF MADHYA PRADESH AT INDORE
            CRIMINAL APPEAL NO.9270 OF 2023
          (Ajam and Others vs The State of Madhya Pradesh)


Indore, Dated 26.02.2024
      Mr. Z.A. Khan, senior counsel with Mr. Dharmendra
Khanchandani, counsel for the appellants.
      Mr. Kamal Tiwari, counsel for the respondent/State.

_____________________________________________________ Heard on IA No.13927 of 2023 which is first application filed under Section 389 of Criminal Procedure Code, 1973, on behalf of appellant No.3 - Azhar S/o Maqbool Ahmed Khan who has been convicted by 20th Additional Sessions Judge, Indore (MP) in Session Trial No.701204/2012 vide judgment dated 19.05.2023 and has been sentenced him as under:

              Conviction                             Sentence
     Section & Act   Imprisonment        Fine          Imprisonment in
                                        Amount           lieu of fine
     307 IPC, 1860    10 years RI       Rs.3,000/-       06 months RI
      25(1-B)(B),     01 year RI        Rs.1,000/-       06 months RI
       Arms Act,
         1959.
      27 Arms Act,    07 years RI       Rs.1,000/-       06 months RI
         1959.

Counsel for the appellant No.3 submits that appellant is innocent and has been falsely implicated in the aforesaid offence.

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.9270 OF 2023 (Ajam and Others vs The State of Madhya Pradesh)

He submits that appellant No.3 was on bail and he has not misused the liberty so granted to him. There are major contraditions and omissions in the statements of witnesses. It is also stated that prosecution has failed to prove the evidence collected by the prosecution agency and the trial court has not considered the material contradictions in the statements of witnesses. It is stated that FIR has been lodged against some unknown person. The allegation against the present appellant is that he was having the knife with him and that there are so many contradictions and omissions in the evidence of PW/12 injured person Munna Ansari. He further submitted that Munna Ansari (PW/12) has stated to Doctor (PW/7) that someone had fired on him. Hence, it is clear that Munna Ansari (PW/12) has not disclosed the name of appellant before the Doctor at the time of treatment and there are so many contradictions and omissions in the evidence of PW/12. The final disposal of appeal is likely to take sufficient long time. Hence prays for suspension of sentence and grant of bail to the appellant No.3.

Per contra, counsel for the respondent/State has opposed the application and prays for its rejection.

HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.9270 OF 2023 (Ajam and Others vs The State of Madhya Pradesh)

After hearing counsel for the parties and on perusal of the record, it was found that Sagir Khan (PW/13) has been identified in the court during recording of the evidence and considering the evidence of PW/12, it was found that appellant pulled him from the motorcycle and thereafter he fell down from the motorcycle.

Considering the evidence of prosecution witnesses and other facts and circumstances of the case, we are of the considered opinion that it is not a fit case for grant of suspension to the appellant No.3. Accordingly, the suspension application - IA No.13927 of 2023 stands rejected.

                        (S.A. DHARMADHIKARI)                                              (HIRDESH)
                              JUDGE                                                        JUDGE

 Arun/-


ARUN

          DN: c=IN, o=HIGH COURT OF MADHYA
          PRADESH BENCH INDORE, ou=HIGH COURT
          OF MADHYA PRADESH BENCH INDORE,

2.5.4.20=d5b56e3de75e7828ced1a96bc4f01 804c3ea1f0a5497e4019e41c0a82cbabbf0,

NAIR postalCode=452001, st=Madhya Pradesh, serialNumber=192F2423E128DC1CC004DD8 FF22B3F2FFC3D1EF75981FCBEF3B2B76823F 270F7, cn=ARUN NAIR Date: 2024.02.28 11:09:37 +05'30'