Ballu @ Kaleem Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1373 MP

                                                         1                              CRA-2025-2021
                              The High Court Of Madhya Pradesh
                                         CRA-2025-2021
                                     (BALLU @ KALEEM KHAN Vs THE STATE OF MADHYA PRADESH)

                      2
                      Jabalpur, Dated : 07-04-2021
                            Shri Sourabh Singh Thakur, learned counsel for the appellant.
                            Shri Shubham Rai, learned P.L. for the respondent/State.

Heard on the question of admission.

Admit.

Learned Panel Lawyer, accepts notice on behalf of the State.

Also heard on I.A. No.4857/2021, an application for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted for offence punishable under Section 354 of the I.P.C. and was sentenced to undergo R.I. for one year with fine of Rs. 2000/- in default two months vide impugned judgment order dated 22.02.2021 passed by the Special Judge [S.C.& S.T. (POA) Act], Rewa in Sessions Trial No.05/2016.

Having heard learned counsel for the parties and having perused the judgment of the trial Court, this court considers it a fit case for suspension of

sentence and grant of bail to the appellant. The application is, therefore, allowed and it is directed that the sentence of imprisonment, imposed upon the appellant, shall remain suspended during the pendency of this appeal and appellant Ballu @ Kaleem Khan shall be released on bail on his depositing the amount of fine and furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of C.J.M. concerned for his appearance before the Registry of this Court on 09.11.2021 and on such other dates as may be fixed by the office during the pendency of this appeal.

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

Signature Not Further, in view of the order passed by the Hon'ble Supreme court in suo SAN Verified

Digitally signed by NEETI TIWARI Date: 2021.04.07 15:29:18 IST 2 CRA-2025-2021 motu W.P.No.1/2020, it would be appropriate to issue the following directions to the Jail authorities :-

1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his/her/their release.

2. The applicant shall not be released if he is suffering from "Corona Virus Disease" and for this purpose, appropriate tests will be carried out.

3. If it is found that the applicant is suffering from "Corona Virus Disease" necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

4. If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence. The transportation shall be done in full compliance of the rules and norms of social distancing.

List the case for final hearing in due course of time. C.C. as per rules.

(AKHIL KUMAR SRIVASTAVA) JUDGE

nd