Madhya Pradesh High Court
Anwar Khan vs The State Of Madhya Pradesh on 20 May, 2024
Author: Vivek Rusia
Bench: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 721 of 2015
(ANWAR KHAN Vs THE STATE OF MADHYA PRADESH)
Dated : 20-05-2024
Shri Ashok Jain - Advocate for the appellant.
Shri Rajesh Shukla - Additional Advocate General for respondent/State.
1. Heard on I.A. No. 6512/2024, which is 8th repeat application under
Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail moved on
behalf of sole appellant Anwar Khan.
2. Appellant stands convicted under Section 302 of IPC and sentenced
to undergo life imprisonment with fine of Rs.5,000/- and additional R.I. for one
year for default of payment of fine and under Section 201 of IPC and sentenced
to undergo R.I. for three years with fine of Rs.1000/- and additional R.I. for
three months for default of payment of fine vide judgment o f conviction and
order of sentence dated 12.06.2015 passed by the First Additional
Judge/Special judge to First Additional Sessions Judge Guna in Sessions Trial
No.227/2014.
3. The prosecution story in short is that on 8.6.2014 at about 5.45, upon
information received from Brajesh Goud Ward Boy at CHC Raghogarh that
one Smt. Babli w/o Anwar, who was in family way, had been brought dead at
the hospital. Upon the said information, Marg No.19/14 (Ex.P/4) was registered
and upon investigation offence was registered at Crime No.160/2014 for the
offences punishable under Sections 304B, 498A and 302 of IPC. During
investigation, it transpired that deceased Husaina alias Babli was being subjected
to cruelty for non satisfaction of demand of dowry and a few days back as well
he had tried to set her ablaze and that due to non fulfillment of dowry demand
he had killed her. After investigation, challan was filed in the court of JMFC
Raghogarh, who committed the case to the court of session for trial. Trial Court
o n appreciation of evidence placed on record, convicted and sentenced the
present appellant as mentioned above.
4. Learned counsel for the appellant submits that at the most he could be
convicted under Section 304 Part II of IPC and no sign of scuffle or injury was
found on the body of the deceased, who happens to be wife of the appellant.
The appellant has undergone jail sentence of nine years. This appeal is of the
year 2015 and there is no possibility of early hearing of these appeal in near
future. Hence, on such grounds, prayer for suspension of sentence and grant of
bail to the appellant is made.
5. Learned Govt. Advocate opposes the applications for suspension of
sentence and prays for its rejection.
6 . Considering the over all facts and circumstances of the case but
without commenting on the merits of the case, we deem it proper to suspend
the remaining jail sentence of present appellant.
7. Accordingly, I.A.No. 6512/2024 is allowed and the execution of
remaining jail sentence of appellant - Anwar Khan is hereby suspended till the
final disposal of this appeal and it is ordered that the appellant be released on
bail on his depositing the fine amount, if not already deposited, and upon
furnishing a personal bond for a sum of Rs.1,00,000/- (Rs. One Lac Only)
with one solvent surety in the like amount to the satisfaction of the trial Court,
with a further direction to appear before the Registry of this Court on
26.09.2024 and on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of this appeal.
C.C. as per rules.
(VIVEK RUSIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2024.05.20
19:20:21 +05'30'
