Madhya Pradesh High Court
Irfan @ Pappu vs The State Of Madhya Pradesh on 22 January, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-1655-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1655 of 2024
(IRFAN @ PAPPU AND OTHERS Vs THE STATE OF MADHYA PRADESH )
CRA/4873/2024
(KARAN DAWRE VS. THE STATE OF MADHYA PRADESH)
Dated : 22-01-2025
Shri Umesh Sharma - learned counsel for the appellants.
Shri Bhuwan Gautam, Government Advocate for the respondent/State.
Shri Rahul Sharma, learned counsel for the respondent [OBJ].
Per : Justice Gajendra Singh
Heard on IA No.13819/2024 which is an application for urgent hearing
of I.A.No.8762/2024.
For the reasons stated in the application, the same is allowed.
Accordingly, IA No.13819/2024 stands allowed and disposed of.
Also heard on I.A. No.16158/2024 & I.A.No.8762/2024 which
are first applications under Section 430(1) of the B.N.S.S., 2023 filed on
behalf of appellants - Maqsood Ahmed and Karan Dawre for suspension of
execution of sentence and enlargement on bail.
02. Appellant Maqsood Ahmed has been convicted for the offence
punishable under Section 304 Part-I r/w section 34 of the IPC and sentenced
to Life Imprisonment with fine of Rs.5,000/- with default stipulation and
appellant Karan Dawre has been convicted under Section 304 Part-I r/w
section 34 of the IPC & Section 25 (1-B)(B) of the Arms Act, 1959 and
sentenced to Life Imprisonment & 1 year Imprisonment with fine of
Rs.1,000/- with default stipulation respectively in S.T.No.79/2020 by Second
Additional Session Judge, Mahidpur, District - Ujjain vide judgment dated
2 CRA-1655-2024
22.12.2023.
03. Appellants/accused have been convicted for causing the injuries
to Bablu @ Mukhtyar on 23.08.2020 at 07:00 PM within the jurisdiction of
Police Station Mahidpur, District Ujjain which resulted in the death of Bablu
@ Mukhtyar at 02:15 AM of 25.08.2020 and Crime No.327/2020 was
registered at the Police Station Mahidpur, District - Ujjain.
04. Suspension of execution of sentence on behalf of
appellant/accused Maqsood Ahmed is sought on the ground that the first
information report does not mention the name of Maqsood involved in
causing the injuries to Bablu @ Mukhtiyar and there is a contradiction in the
statement of witness regarding involvement of Maqsood in the incident.
05. Suspension of execution of sentence on behalf of
appellant/accused Karan Dawre is sought on the ground that the complainant
have not supported the prosecution story and the trial Court committed error
on relying the statement of the interested witnesses, who after a plan and
strategy falsely implicated the present appellant/accused in the crime.
Prosecution story is doubtful and appellant Karan Dawre has no nexus with
the alleged offence. A harsh sentence has been imposed. The material
omissions and contradictions have not been taken into consideration. These
appeals are of the year 2024 and final conclusion of these appeals will take
considerable long time. Hence, the appellants prays for grant of bail and
suspension of remaining jail sentence till the final disposal of this appeal.
06. Learned counsel for the respondent/State has opposed the
application of appellant/accused Karan Dawre by filing the reply through
3 CRA-1655-2024
document no.12758/2024 and has adopted the reply in application filed by
the appellant/accused Maqsood.
07. Shri Rahul Sharma, Advocate appearing on behalf of the victim
has opposed both the applications and prayed for its rejections.
We have heard the learned counsel for the parties and perused
the record.
08. The Exhibit-P/28 is the Dehati Nalisi and it was recorded
immediately after the incident at Civil Hospital, Mahidpur, Ujjain by Sub-
Inspector Deepak Bhonde, Police Station Mahidpur. In this document, the
injured, who later on died Mr. Bablu @ Mukhtyar has stated the involvement
of 7 persons including present appellant/accused Karan Dawre. The name of
four sons of present appellant/accused Maqsood has been mentioned in
Exhibit-P/28 but instead of present appellant Maqsood the name of two
unknows persons have been mentioned.
09. Considering the aforesaid aspect, we deem it appropriate to
suspend the remaining jail sentence of the appellant/accused Maqsood
Ahmed.
10. Accordingly, I.A. No.16158/2024 is allowed and the execution
of remaining jail sentence of the appellant - Maqsood Ahmed 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.50,000/-
with one solvent surety of the like amount to the satisfaction of the trial
Court, with a further direction to appear before the Registry of this Court on
4 CRA-1655-2024
21.04.2025 and on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of this appeal.
11. Considering the fact that the name of appellant/accused Karan
Dawre is mentioned in the Exhibit-P/28 which is a dying declaration of
deceased Mukhtyar @ Bablu, we are of the opinion that at present appellant -
Karan Dawre is not entitled for suspension of jail sentence.
12. Accordingly, IA No.8762/2024 is rejected.
13. Both the appeal have already been admitted.
14. List the same for final hearing in due course.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
VS
