[Cites 5, Cited by 0]
Madhya Pradesh High Court
Abdul Khan Pathan vs The State Of Madhya Pradesh on 24 February, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-11028-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11028 of 2025
(ABDUL KHAN PATHAN Vs THE STATE OF MADHYA PRADESH )
Dated : 24-02-2026
Shri Vikas Jain - Advocate for the appellant.
Shri H.S.Rathore - Govt. Advocate for the respondent/State.
Heard on the question of admission.
Appeal is admitted for final hearing.
Further heard on I.A.No. 18149/2025 which is first application filed
under section 430 of BNSS, 2023/389 of Cr.P.C. on behalf of appellant -
Abdul Khan Pathan for grant of bail and suspension of remaining jail
sentence.
2. Learned trial Court has convicted the appellant under Sections
302/34 (2 counts), 307/34 of the IPC and sentenced to undergo Life
Imprisonment with fine of Rs.10,000/-(2 counts). and RI for 10 years with
fine of Rs.5,000/- respectively and further convicted under Séction 25(1)(1-
B) (A) and 27(1)of Arms Act and sentenced to undergo RI for 01 year and
RI for 03 years with fine of Rs.1,000/- and Rs. 5,000/- with default
stipulation, vide judgement of conviction and order of sentence dated
16.10.2025 passed by the 6th Additional Sessions Judge, Mandsaur in S.T.
No. 240/2022.
3. As per prosecution case, on 13.03.2014, appellant and other accused
persons entered into a criminal conspiracy to murder Haji Mohammad and
Muyib. The complainant Imran Khan was going to Neemuch from
2 CRA-11028-2025
Ramnimboda by Etios vehicle bearing registration No.RJ-01-CB-5277
alongwith his brother Haji Mohammad, Mujib Khan, Sakka Khan and
Ramesh. Ramesh was driving the car at that time. Furtherance of criminal
conspiracy, present appellant and co-accused persons Shahid, Babu Bilod,
Rais Khan, Abdul, Kamal Rana and two others came there by vehicle and
fired gun shot on Haji Mohammad and Muyib. Due to gun shot injuries, both
the injured persons had died on the spot. With the intention of murder,
present appellant Kamal Rana fired on Ramesh, due to which he sustained
injuries on his thigh.
4. Learned counsel for the appellant referring to the orders dated
8.12.2023 , 3.11.2023 18.06.2025 passed in connected Criminal Appeals,
submits that the identically placed co-convicts Shahid and Babu Khan as
well as Kamal Singh alias Kamal Rana have been granted suspension of
sentence. In such circumstances, it has been prayed that remaining jail
sentence may be suspended and present appellant may be released on bail.
5. Per contra, learned counsel for the respondent/State opposed the
prayer for grant of bail. However, counsel for the State does not dispute the
fact that the case of of present appellant is identically placed to that of co-
convicts.
6. We have heard learned counsel for the parties and perused the
record.
7. Considering the fact that co-convicts Babu Khan, Shahid and Kamal
Singh alias Kamal Rana who were alleged to have fired on the deceased
have been granted suspension of sentence and allegation against the present
3 CRA-11028-2025
appellant is to cause injury to one Ramesh on thigh by fire arm, we find that
case of present appellant is on better footing than those who have been
granted suspension of sentence. Accordingly, LA.No 18149/2025 is allowed
and the jail sentence of the present appellant Abdul Khan Pathan shall remain
suspended.
8. It is directed that subject to depositing the fine amount, if already
not deposited, appellant shall be released on bail, on his furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) alongwith a
solvent surety in the like amount to the satisfaction of Trial Court, for his
appearance before the Registry cf this Court firstly on 22.06.2026 and on
such other dates, as may be fixed by the Registry in this regard, till final
disposal of this appeal.
9. List for final hearing in due course.
Certified copy, as per Rules.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
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