Madhya Pradesh High Court
Ismile Khan vs The State Of Madhya Pradesh on 2 August, 2019
1 CRA-4200-2019
The High Court Of Madhya Pradesh
CRA-4200-2019
(ISMILE KHAN Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 02-08-2019
Shri Ravi Parnami, learned counsel for the appellants.
Shri Sharad Singh Baghel, learned P.L. for respondent/State.
Heard on the question of admission.
Record of the trial court has been received.
Appeal is admitted for hearing.
Also heard on I.A. No.8900/2019, an application for suspension of sentence and grant of bail to the appellants.
The appeal has been preferred by the appellants against judgment dated 05.04.2019 passed by the learned Sessions Judge, Burhanpur District- Burhanpur in Sessions Trial No.47/2017 whereby appellants stand convicted for an offence punishable under Section 399 of the IPC and have been sentenced to undergo RI for 5 years with fine of Rs.500/-each in default of payment of fine additional RI for one month, under Section 402 of the IPC and have been sentenced to undergo RI for 4 years with fine of Rs.500/-each in default of payment of fine additional RI for one month and under Section 25 (1-B) A of the Arms Act and have been sentenced to undergo RI for 2 year with fine of Rs. 500/-each in default of payment of fine additional RI for one month. and under Section 25 (1-B) B of the Arms Act and have been sentenced to undergo RI for 1 year with fine of Rs.500/-each in default of payment of fine additional RI for one month respectively.
As per prosecution case, on 07.04.2015 Pradeep Walter (PW-10) who is the Town Inspector, received the information from an informant regarding the planning of the dacoity. The six-seven persons were discussed the planning of dacoity nearby the river of the Burhanpur. During search, the present appellants and other co-accused persons were arrested and a case has been registered against the present appellants and other co-accused Digitally signed by ARVIND KUMAR MISHRA Date: 07/08/2019 11:45:30 2 CRA-4200-2019 persons.
Learned counsel for the appellants submits that during trial the appellant No.1 Ismile Khan was in jail from 07.04.2015 to 31.07.2015, 27/04/2016 to till now and appellant No.2 Sarif @ Chhota Sarif was in jail from 07.04.2015 to 01.08.2015 and from 22.11.2017 to till now and appellant No. 3 Hamid Khan was in jail from 07.04.2015 to 17.06.2016, from 02.03.2017 to 13.11.2017 and from 30.10. 2018 till now . He further submits that Mehtab Khan (PW-5) and Mumtaj Khan (PW-6) did not supported the case of the prosecution. He also submits that the present appellants have been falsely implicated in this case. A country made katta with live cartridge was seized from appellant no. 1 Ismile Khan, a knife was seized from the possession of the appellant No. 2 Sarif @ Chhota Sarif and also an iron rod was seized from the possession of the appellant No. 3 Hamid Khan. There are no criminal antecedents against the present appellants. There are many contradictions, omissions and improvements in the version of the prosecution witnesses. He further submits that there is fair chances to succeed in the case. The final hearing of this appeal will take time. If the appellants are not released on bail, purpose of filing this application will be futile. Therefore, the application filed on behalf of the appellants may be allowed and the period of their remaining jail sentence may be suspended and they may be released on bail.
Learned counsel for the respondent/State has opposed the application for suspension of sentence and grant of bail to the appellants.
After hearing rival submissions of learned counsel for the parties, looking to the facts and circumstances of the case and the fact that during trial appellant No.1 Ismile Khan was in jail from 07.04.2015 to 31.07.2015, 27/04/2016 to till now and appellant No.2 Sarif @ Chhota Sarif was in jail from 07.04.2015 to 01.08.2015 and from 22.11.2017 to till now and appellant No. 3 Hamid Khan was in jail from 07.04.2015 to 17.06.2016, from 02.03.2017 to 13.11.2017 and from 30.10. 2018 till now, but without Digitally signed by ARVIND KUMAR MISHRA Date: 07/08/2019 11:45:30 3 CRA-4200-2019 expressing any opinion on the merits of the case, I am of the considered opinion that it would be appropriate to suspend the custodial sentence awarded to the appellants and grant bail to them.
Consequently, I.A. No. 8900/2019 is allowed subject to deposit of fine amount, if already not deposited. The custodial sentence awarded to the appellants shall remain suspended during the pendency of this appeal.
Appellant No.1 Ismile Khan, appellant No.2 Sarif @ Chhota Sarif and appellant No. 3 Hamid Khan, be released from custody subject to their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety of the same amount each to the satisfaction of the trial Court. They shall appear and mark their presence before the trial Court on 20.11.2019 and shall continue to do so on all such future dates as may be given in this behalf, during pendency of the matter.
List the matter for final hearing in due course.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE MISHRA Digitally signed by ARVIND KUMAR MISHRA Date: 07/08/2019 11:45:30