Madhya Pradesh High Court
Ballu (Shakir Khan) vs The State Of Madhya Pradesh on 1 May, 2025
1 CRA-11910-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11910 of 2023
(BALLU (SHAKIR KHAN) Vs THE STATE OF MADHYA PRADESH )
Dated : 01-05-2025
Appellant by Shri Gourav Shrivastava - Advocate.
Respondent - State of Madhya Pradesh by Shri Surendra Kumar Gupta
- Government Advocate appearing on behalf of Advocate General.
Heard on IA No.3790 of 2025 , first application under Section 430 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 389(1) of
Cr.P.C.) for suspension of remaining jail sentence and grant of bail on behalf
of appellant - Ballu @ Shakir Khan s/o Shri Samiullah Khan .
2. Vide judgment of conviction and order of sentence dated
12.08.2023 passed in Sessions Trial No.05 of 2020 by learned Additional
Sessions Judge, Susner, District Shajapur (MP), the appellant stands
convicted under Section 307 / 34 and 333 / 34 of IPC and also under Section
27 (1) of Arms Act, 1959 and sentenced to undergo seven years rigorous
imprisonment with fine of Rs.3,000/-, five years rigorous imprisonment with
fine of Rs.1,000/- and three years imprisonment with fine of Rs.1,000/-
respectively with usual default stipulations.
3. Learned counsel for the appellant submits that except this appellant
Ballu @ Shakir Khan, on whose behalf he has filed an application for
suspension of jail sentence, all other persons have been granted suspension.
Learned counsel submits that as per the prosecution case, the appellant has
fired country made pistol and other co-accused persons have assaulted and
2 CRA-11910-2023
Constable No.253 - Balram was assaulted by butt of the country made pistol
by the other co-accused persons, which caused injuries to nearby right eye
and also on nasal bone due to which he fell unconscious. None has been
injured by alleged fire. Learned counsel for the appellant further submits
that the appellant is suffering incarceration since 28.09.2019. As per custody
report dated 26.03.2025 received from the concerned jail, the appellant has
completed jail sentence of three years and five months out of seven years RI
and till date, he has completed half of the jail sentence. There are material
contradictions and omissions in the statement of the witnesses. Impugned
judgment suffers from surmises and conjectures and has been passed
ignoring serious infirmities and anomalies. The appeal being of the year 2023
is not likely to be heard finally in near future. There is a strong case in favour
of the appellant. Hence, under such circumstances prayer is made for
suspension of jail sentence and grant of bail.
4. Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State has opposed the prayer and urges the Court for dismissal of
the application.
5. Heard learned counsel for the parties and perused the record.
6. In the aforesaid factual backdrop, looking to the period of custody
coupled with the fact that none has sustained bullet injury, which was
allegedly fired by the one of the co-accused persons and that the possibility
of final hearing of this appeal in near future is bleak, without expressing any
conclusive opinion on merits, I find it to be a fit case to suspend the
remaining custodial sentence of the appellant.
3 CRA-11910-2023
7. Accordingly, application is allowed. Subject to deposit of fine
amount, if not already deposited the remaining jail sentence during the
pendency of the appeal is hereby suspended and it is directed that appellant
be released on bail on his furnishing personal bond in sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of learned trial Court for compliance with following
conditions:-
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 18.06.2025 and on
such further dates as may be directed by the Trial Court;
(3) The appellant shall ensure hearing of the appeal on the date fixed for
such hearing and shall also ensure proper legal representation on his behalf,
on the date notified for hearing.
8. In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective. The Trial Court
shall be authorized to grant exemption from attendance to the appellant on
any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2
of the M.P. High Court Rules, 2008].
9. Where the appellant do not appear on the date of his appearance
before the Trial Court and no sufficient cause for non-appearance is shown,
the Trial Court shall be authorized to issue non-bailable / bailable warrants
to secure his attendance under intimation to the Registry of High Court.
10. The Trial Court shall also proceed under Section 446 of Cr.P.C. /
4 CRA-11910-2023
Section 491 of BNSS, 2023 against such appellant and his surety without any
reference to this Court and without any impediment of the order granting
bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
11. On arrest / surrender in compliance with the warrant, the appellant
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
12. Accordingly, the I.A. stands allowed and disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
