Madhya Pradesh High Court
Shahrookh Khan @ Shanu vs The State Of Madhya Pradesh on 9 May, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 5171 of 2023
(SHAHROOKH KHAN @ SHANU Vs THE STATE OF MADHYA PRADESH)
Dated : 09-05-2024
Shri Sanjay Gupta, learned counsel for the appellant.
Shri Lokendra Shrivastav, Government Advocate for the
respondent/State.
Heard on I.A. No. 12834 of 2023, first application under Section 389 (1)
of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on
behalf of the appellant.
T h e appellant has been convicted for the offences punishable under
Section 363 of IPC and sentenced to undergo 02 years' RI with fine of
Rs.2,000/-; under Section 364 of the IPC to undergo 10 years' RI with fine of
Rs.2,000/-; under section 302 of the IPC to undergo life imprisonment with fine
of Rs.2000/- and under section 201 of the IPC to undergo 3 years' RI with fine
of Rs.2000/- with corresponding default stipulations vide judgment dated
21/3/2023 passed by Sessions Judge, Ashoknagar in S.T. No. 01/2021.
As per prosecution story, on 21/9/2020, a dead body was found on a
Railway Track and information was given to police by a Railway employee.
Morgue was registered. Later on the dead body was identified as Deepak S/o
Jagdish. A missing person report had also been recorded at the instance of
father of deceased. Dehati Nalishi was recorded for the offences punishable
under sections 363, 302 and 201/34 of the IPC against four accused persons
out of which two are juvenile.
On the statement of Vijay the four accused persons were implicated in
this case. However, Vijay has turned hostile before the trial Court. Rest of the
witnesses are only hearsay witnesses. Apart from the statement of Vijay, no
incriminating material has been recovered by the Police to connect this appellant
with this case. Doctor has also not given clear opinion whether the deceased
died because of train accident or by ante mortem injuries. The last seen witness
has turned hostile. On such premises, prayer for suspension of custodial
sentence is made by the appellant.
Learned counsel for the respondent-State has opposed the prayer and
prayed for dismissal of the application.
Taking into consideration the facts and circumstances of the case, we
deem it proper to suspend the remaining custodial sentence of the appellant.
Accordingly, the I.A. stands allowed. The execution of remaining jail sentence
of the appellant - Shahrukh Khan alias Shanu is hereby suspended and it is
ordered that the appellant be released on bail upon his furnishing a personal
bond for a sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent
surety of the like amount to the satisfaction of the trial Court and subject to
depositing the fine amount (if not already deposited) with a further direction to
appear before the Registry of this Court on 12.08.2024 and also on such other
dates, as may be fixed by the Registry of this Court in this regard during the
pendency of this appeal.
I.A. stands disposed of.
(VIVEK RUSIA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
(and)
