Badshah Qureshi vs State Of Madhya Pradesh

Record of the trial Court is available.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also, heard on I.A.No.13046/202019, which is first application for suspension of sentence and grant of bail to the appellant.

The appeal has been preferred by the appellant against judgment dated 25.02.2019 passed by learned XI Additional Sessions Judge, Bhopal, District-

Bhopal in Session Trial No.831/2013.

Appellant stands convicted for an offence punishable under Section 148 of the IPC and has been sentenced to undergo RI for 2 years with fine of

Rs.500/- in default of payment of fine, additional R.I. for 02 months and Section 307 of the IPC and has been sentenced to undergo RI for 7 years

with fine of Rs.1,000/- in default of payment of fine, additional R.I. for 3 months.

As per prosecution case, on 29.07.2013, at about 05:00 P.M. in the evening, when complainant-Anwar was going to bring vegetables and when he

reached near Pipal tree, appellant alongwith other co-accused came there and assaulted him with knife on previous enmity due to which he sustained

injuries on his body. Then, complainant cried and some persons came there to rescue him. Appellant and other co-accused ran away from the spot by

giving threatening of dire consequences. Then appellant and other co-accused reached to one fruit stall where one Haider was standing then they also

abused and assaulted him by means of knife due to which he sustained injuries on his body. Thereafter, some people from neighborhood came there to

rescue him. After that, all the appellants ran away from the spot. Thereafter, a report has been lodged against the present appellant and other co-

accused persons.

Learned counsel for the appellant submits that the appellant has been falsely implicated in this case due to previous enmity. Appellant is in jail since

02.2019. During trial, appellant remained in jail from 03.08.2013 to 31. 10.2013. He further submits that no case is made out under

Section 307 of IPC against the appellant. Dr. Vaibhav Maheshwari (PW-10) examined injured Haider and found fracture proximal phalanx in his left

hand. Dr. Ajay Shankar Mehta (PW-15) examined Anwar Hussain and found 06 incised wound. No fracture is found on the body of the complainant-

Anwar. There are material contradiction, omission and improvements in the statements of the witnesses. He further submits that there are fair

chances to succeed in the case. This appeal is of year 2019 and appeal will take time to conclude due to COVID- 19. There is no probability of his

absconding. Other co-accused have already been released on bail by this Court vide order dated 23.06.2020 passed in Cr.A.No.2582/2019. If the

appellant is not released on bail, the purpose of filing this appeal will be futile. With the aforesaid submissions, learned counsel for the appellant prays

for allowing this application and grant bail to him.

On the other hand, learned counsel for the respondent-State opposes the prayer and submits that the learned trial Court has rightly convicted the

appellant. Therefore, he prays for dismissal of this application.

Having considered the arguments advanced by learned counsel for the parties and on perusal of the record, it is found that appellant is in jail since 25.

02.2019 and appellant remained in jail during trial from 03.08.2013 to 31. 10.2013, there is no probability of his absconding and also this fact that other

co-accused have already been released on bail by this Court vide order dated 23.06.2020 passed in Cr.A.No.2582/2019 this appeal is of year 2019,

final hearing of this appeal will take time, but without commenting anything on the merit of the case, the I.A. No.13046/2019 is allowed. It is

ordered that subject to payment of fine amount, if not already deposited, the execution of jail sentence of appellant-Badshah Qureshi shall

remain suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance

before the trial court on 16.12.2020 and thereafter on all other such subsequent dates, as may be fixed by the trial court in this regard.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further,

in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the

jail authority :-

The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by

placing him in appropriate quarantine facility.

List this matter for final hearing in due course.

C.C. as per rules.