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Madhya Pradesh High Court
Vaseem Kureshi vs The State Of Madhya Pradesh on 23 January, 2026
1 CRA-4272-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4272 of 2025
(VASEEM KURESHI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 23-01-2026
Shri Satyendra Singh Rajput - Advocate for the appellant.
Shri Vikram Pippal - learned Public Prosecutor for respondent/State.
Heard on I.A. No.1337/2026, first application under Section 389 (1) of
Cr.P.C for suspension of sentence and grant of bail on behalf of appellants No.1-
Washim Qureshi.
This Criminal Appeal under Section 415 (2) of BNSS assails the judgment
dated 04.04.2025 passed in S.T. No.298/2021 by Fourth Additional Sessions
Judge, District Guna (M.P.), whereby appellant has been convicted under Section
306 of IPC & 498-A of IPC with maximum sentence of seven years with usual
default stipulations.
Learned counsel for appellant submitted that the appellant is innocent and
has falsely been implicated in the crime. The learned trial Court has erred in
convicting the appellant without appreciating the evidence in right perspective.
Appellant has suffered more than 1 year 2 months incarceration as pre and post
trial confinement. Learned counsel for appellant further submits that against the
appellant trial was conducted for offence under Sections 304-B and 498-A of IPC.
Offence under Section 304-B has not been found proved against the appellant, and
appellant has been convicted for offence punishable under Section 306 of IPC.
Learned trial Court has erred in convicting the appellant for the offence punishable
under Section 306 of IPC. Ingredients of Section 306 of IPC are completely
missing in the present case. There is no material which could prove that there was
2 CRA-4272-2025
any abetment on behalf of the appellant to the deceased for committing suicide.
Furthermore, learned counsel for the appellant submits that he has been convicted
mainly relying upon statement made by mother (PW-1) and brother (PW-2) of
the deceased. There is material contradiction in the statements made by both the
witnesses. PW-1 and PW-2 have admitted that after marriage of the deceased with
appellant, mother of the deceased issued one public notice in newspaper inter alia
mentioning that they have no relation with the deceased (wife of appellant). It was
also mentioned in the notice that the deceased was ousted from the property.
Learned counsel for appellant further submitted that when family members of
deceased were not in touch with her, then their statement in respect of demand of
dowry and harassment become doubtful and on the basis such statement,
conviction of appellant is not proper. It is further submitted that other co-accused
have already been granted suspension of sentence by this Court and the case of
present appellant is on similar footings with them and he seeks parity. Final
hearing of the appeal is likely to take some time. Appellant shall abide by all the
conditions as may be imposed by the Court. Hence, prayed to suspend the jail
sentence of the appellant.
Learned counsel for the respondent/State opposed the application and
prayed for its rejection, however, he fairly conceded the fact of parity.
Heard learned counsel for the parties and perused the record.
Considering the arguments advanced by learned counsel for the parties and
the fact that final hearing of the appeal shall take some time and that similarly
situated co-accused have been granted suspension of sentence, without
commenting on merits of the case, I.A. is hereby allowed. Subject to depositing of
fine amount, if not already deposited, and on furnishing personal bond of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety each of the like
3 CRA-4272-2025
amount to the satisfaction of the concerned trial Court, the remaining jail sentence
of the appellant No.1- Wasim Qureshi shall remain suspended and they be
released on bail. They are further directed to mark their appearance before the
Office of this Court on 16.06.2026 and on subsequent dates given by the Office in
this regard, till final disposal of this appeal.
A copy of this order be sent to the concerned Court below for compliance.
Certified copy as per rules.
(PUSHPENDRA YADAV)
JUDGE
Ashish*
