Madhya Pradesh High Court
Iqbal Khan Alais Kallu vs The State Of Madhya Pradesh on 10 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-2457-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2457 of 2022
(IQBAL KHAN ALAIS KALLU AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 10-07-2025
Ms. Bhavna Tripathi - Advocate for the appellants.
Shri Manas Mani Verma - Public Prosecutor for the respondent-State.
Heard on I.A. No.8024/2025, an application under Section 389(1) of
the Cr.P.C. for suspension of sentence and grant of bail to appellant No.2
Shahrukh S/o Shri Sahrif Khan.
This is second application for suspension of sentence and grant of bail
to appellant No.2 Shahrukh, whereas his first application was dismissed as
withdrawn on 12.07.2023.
The appellant No.2 is aggrieved of the judgment dated 19.01.2022
passed by the learned First Additional Sessions Judge, Harda, District Harda
(M.P.) in S.T. No.95/2018, whereby the appellant stands convicted for
offence under Section 302 of IPC and sentenced to undergo life
imprisonment and fine of Rs.1,000/- with default stipulation to undergo R.I.
for 3 months.
Ms. Bhavna Tripathi, learned counsel for the appellants submits that
appellant No.2 Shahrukh is innocent. He has been falsely implicated on the
basis of statement of co-accused Iqbal. Hammer seized from Iqbal was sent
for query report when PW-17 Dr. Pranav Modi opined that injury No.4 found
on the body of injured Ayub could have been caused with a hammer, which
was sent to him for query report. Hammer (Article 'F') recovered from
2 CRA-2457-2022
appellant No.2 Shahrukh was not sent any query report. Mere presence of
human blood on the said hammer is not a sufficient circumstance, especially
when hammer was seized after more than 8 months of the incident. Thus, it is
submitted that there are good chances of success in this appeal. Hence,
prayer is made to suspend the remaining jail sentence of the appellant No.2
and to release him on bail.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent-State, in his turn, opposes the prayer for suspension of sentence
and grant of bail.
After hearing learned counsel for the parties and going through the
record so also the fact that the appeal is going to take time for its disposal,
without commenting on the merits of the case, we are of the considered
opinion that this is a fit case to suspend the remaining jail sentence of the
appellant No.2 and to release him on bail. I.A.No.8024/2025 is accordingly
allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties each in the like
amount to the satisfaction of the Trial Court for his appearance before the
Trial Court on 16.10.2025 and such other dates as may be fixed by the Trial
Court, which shall not be more than two times in a year, the execution of
remaining part of the jail sentence imposed upon appellant
No.2 Shahrukh shall remain suspended and he shall be released on bail till
final disposal of this appeal.
3 CRA-2457-2022
I.A.No.8024/2025 is allowed & disposed of.
List this case for final hearing in Part-B of the cause list as per its turn
and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
