Madhya Pradesh High Court
Firoz Abbasi vs The State Of Madhya Pradesh on 4 April, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-8010-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8010 of 2024
(FIROZ ABBASI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 04-04-2025
Shri M.A.Mansoori - Advocate for the appellants.
Shri Sonal Gupta - Addl. Advocate General for the respondent/State.
Ms. Kirti Saboo - Advocate for the respondent/complainant.
Heard on I.A.No. 4019/2025 which is first application under Section 389(1)
of Code of Criminal Procedure, 1973 filed on behalf of the appellant No.3-
Siddiqui Qureshi for grant of bail and suspension of remaining jail sentence.
02. Appellant has been convicted vide judgment dated 10.06.2024 passed
by the learned Court of Sessions Judge, District Indore in S.T.No.1300106/2016
for offence punishable under Sections 120-B, 302/120-B of the Indian Penal Code
and sentenced to undergo RI for two years and life imprisonment, respectively and
Section 25(1B)(b) of the Arms Act and sentenced to undergo RI for 2 years with
fine and default stipulations.
03. The facts of the case in pitch and substance are that on the date of
incidence i.e. on 12/09/2015 at about 10:00 p.m., one Abdul Rehman (PW/10)
informed the police that today when he was watching television with his family
members, at about 09:00 p.m., he heard screams outside his house. Thereafter, he
saw that some people were running towards the road from the street and an
unknown person was lying dead in front of his house. Acting upon the aforesaid
information, a Dehati Nalishi was recorded by the Police, an on the basis of Dehali
Nalishi, an FIR was registered at Police Station Sadar Bazar, Indore against an
unknown person for committing an offence under Section 302 of IPC. During the
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course of investigation it was found that the accused persons were running the
property business with deceased Shehzad @ Lala and in lieu of money, used to
settle the dispute arising in the said business. It is alleged that the deceased
demanded more money for settlement of dispute, resulting in resentment between
them. Thereafter the accused persons hatched conspiracy to kill the deceased and
in furtherance of the said conspiracy, on the date of incident, the accused persons
invited the deceased for a meeting and assaulted the deceased with knives and
fired gunshots at him.
04. Learned counsel for the appellant submits that the appellant is innocent
and has been falsely implicated in the alleged offence. He further submitted that
there are 12 accused persons in this case however, 8 accused persons have been
acquitted. Co-accused persons i.e. Firoz Abbasi, Gafoor Shah and Mohd. Rizwan
have already been granted suspension of jail sentence vide orders dated
16.08.2024 and 13.03.2025. It is submitted that it is a settled position of law that
the conviction can be based on solitary testimony of witness only when the
witness is wholly reliable. He further submitted that the appellant has already
suffered incarceration of about more than 8 years. This appeal is of the year 2024
and its final hearing of the same is likely to take considerable long time. In these
circumstances, it is prayed that application for suspension of sentence be allowed
and these present appellant be released on bail.
05. Learned counsel for the respondent / State has opposed the prayer and
submitted that the appellant has actively participated in commission of offence
and looking to the role attributed to the present appellant, no case for grant of
suspension is made out.
06. On due consideration of the facts and circumstances of the case and
material evidence available on record, coupled with the fact that final hearing of
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this appeal is not possible in near future and also taking note of the fact that co-
accused persons have been granted suspension of jail sentence by this Court,
without commenting on the merits of the case, I.A. No.4019/2025 is allowed.
07. It is directed that upon depositing the fine amount (if not already
deposited) and on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees
Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction
of the trial court, the execution of custodial part of the jail sentence of appellant
No.3 - Siddiqui Qureshi shall remain suspended till final disposal of the appeal
and he shall be released on bail. After being enlarged on bail, appellant shall mark
his presence before the Registry of this Court on 05.05.2025 and on all such
subsequent dates as may be fixed by the Registry of this Court in this regard.
List for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
vidya
