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Madhya Pradesh High Court
Pappu Khan vs The State Of Madhya Pradesh on 15 April, 2026
1 CRA-7718-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 7718 of 2025
(PAPPU KHAN Vs THE STATE OF MADHYA PRADESH )
Dated : 15-04-2026
Shri Nitin Goyal - Advocate for appellant.
Shri Brajesh Kumar Tyagi - Public Prosecutor for the State.
1.
Heard on I.A. No.7149/2026, which is the third application under
Section 430 (1) of BNSS/389(1) of Cr.P.C. seeking suspension of remaining
jail sentence and grant of bail to the appellant.
2. This Criminal Appeal has been preferred under Section 374 of the
Cr.P.C. against the judgment of conviction and order of sentence dated 17-
07-2025 passed by the learned Fifth Additional Sessions Judge, Shivpuri,
District Shivpuri (Madhya Pradesh) in Sessions Trial No.121/2021, whereby
appellant has been convicted under Section 304 Part -2 of IPC and sentenced
to undergo 5 years with fine of Rs. 2000/- with usual default stipulations.
3. I.A. No.17497/2025 and I.A. No.25949/2025, which are the first
and the second applications for suspension of remaining jail sentence and
grant of bail, have been withdrawn vide orders dated 07.10.2025 and
13.01.2026, respectively.
4. The case of the prosecution, in brief, is that on 08.11.2020 , the
appellant, alongwith other accused, during a quarrel, allegedly inserted air in
the anus of the deceased from air compressor, as a result of which the
deceased sustained injuries and was admitted to hospital for treatment.
Thereafter, on 21.11.2020 , the deceased was discharged from the hospital.
2 CRA-7718-2025
Subsequently, on 25.12.2020 , the deceased died. After investigation, the
police filed charge-sheet against the appellant and after trial, the learned trial
Court convicted the appellant under Section 304 Part-II of IPC and sentenced
appellant as mentioned above.
5. Allegation against the present appellant is of having switched on the
compressor.
6. The learned counsel appearing for the appellant submits that the
appellant has been falsely implicated in the case and the learned trial Court
has not properly appreciated the evidence available on record. By referring to
the evidence of Dr. Jugal Kishore Goyal (PW/18), he submits that though the
condition of the deceased was not good, yet against medical advice, the
family members got him discharged from the hospital. It is submitted that the
date of incident is 08.11.2020, whereas the death occurred on 25.12.2020 and
the deceased was discharged from the hospital on 21.11.2020. He further
submits that the subsequent death could have been avoided in case proper
medical treatment was continued. He further submits that the appellant has
already undergone about 2 year, 2 months and 18 days of custody, including
the period spent in jail during trial, and the final hearing of the appeal is
likely to take considerable time. Hence, a prayer is made for suspension of
remaining jail sentence and grant of bail on the basis of parity of the co-
accused, who have been enlarged on bail by this Court vide order dated
06.04.2026 in Cr.A.No.7693/2025.
7. Learned counsel appearing for the State has opposed the
application and prayed for its rejection.
3 CRA-7718-2025
8. Heard the counsel for the parties and perused the record.
9 . Considering the submissions advanced by learned counsel for the
parties, the period of custody already undergone by the appellant, the fact
that the co-accused have already been enlarged on bail by this Court vide
order dated 06.04.2026 in Cr.A.No.7693/2025, and taking into account that
final hearing of the appeal shall take considerable time, without commenting
on the merits of the case, I.A. No.7149/2026 is allowed. Subject to
depositing of fine amount, if not already deposited, and on furnishing a
personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the concerned trial
Court, the remaining jail sentence of the appellant, Pappu alias Haneef Khan,
shall remain suspended and he be released on bail. The appellant is further
directed to mark his appearance before the concerned trial Court
on 07.12.2026 and on subsequent dates given by the Office in this regard, till
final disposal of this appeal.
10. I.A. No.7149/2026 is allowed and stands disposed of.
11 . A copy of this order be sent to the concerned trial Court for
compliance.
Certified copy as per rules.
(AMIT SETH)
JUDGE
AK/-
