Fake ‘Muslim’ Identity Created To Incite Communal Disturbance During Simhastha: Madhya Pradesh HC Dismisses Plea For Suspension Of Jail Sentence
The Madhya Pradesh High Court dismissed an application for the suspension of jail sentence of a man accused of creating a fake identity of a Muslim person to create communal disturbance during the occasion of ‘Simhastha’ in Ujjain.
The accused deliberately booked a hostel room, left without informing the authorities, and planted incriminating evidence—a forged Aadhar card, a Nawazi Cap, electronic detonators, Urdu papers, and other suspicious items—in order to show involvement with a Muslim organization. Upon police investigation, all these items were seized.
A Single Bench of Justice Vijay Kumar Shukla observed, “Handwritten papers in urdu language were left at the incident place so that it looks like Muslim Organization is involved in the crime. Thus, testimony of PW No.23 Mahesh Chandra Sharma and PW No.9 Vivek Gupta clearly establishes the prosecution case and motive of the appellant and the co-accused person for creating disturbance during the occasion of Sinhast giving it colour of involvement of Muslim organization.”
Sr. Advocate R.S. Chhabra represented the appellant, while Advocate Ajay Raj Gupta appeared for the respondent.
After the police took the accused and the co-accused into custody, it emerged that the latter was employed at the Lokayukt office. Together, they plotted to place a bag containing explosive substances in the hostel, impersonating a Muslim man, with the intent to incite communal disturbance during the Sehast occasion in Ujjain. They aimed to falsely implicate a specific community for the disturbance.
The accused had filed a second application for the suspension of a jail sentence under Section 389(1) of Cr.P.C., following the dismissal of his first application at the start of this year. The accused was convicted under Sections 419, 467, and 471 of the IPC and Section 5 of the Explosive Substance Act.
Consequently, the Court held, “In view of the aforesaid assimilation of facts and evidence and considering the serious nature of offence to create communal disturbance the occasion of Sinhast at Ujjain in order to show the involvement of Muslim organization by creating fake identity of a muslim person and urdu papers, this Court does not find any case for grant of suspension of jail sentence.”
Accordingly, the High Court dismissed the application.
Cause Title: Sushil v. The State Of Madhya Pradesh
Appearance:
Appellant: Sr. Advocate R.S. Chhabra; Advocate Aman Arora
Respondent: Advocate Ajay Raj Gupta