Moh. Akil Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1501 MP

           THE HIGH COURT OF MADHYA PRADESH
                         CRA No.1577/2021
Mohammad Akil Khan S/o Mohammad Yunus Khan V/s. State of M.P.
                          -: 1 :-

Indore, dated : 22.04.2021
            Shri Akash Sharma, learned counsel for the appellant.
            Shri Vaibhav       Jain,   learned   Panel   Lawyer    for   the
respondent/State.

Heard on I.A. No.6899/2021, which is First application filed under Section 389 (1) of Cr.P.C. for suspension of custodial sentence filed by appellant. He stands convicted and sentenced as under : Section & Act. Imprisonment Fine Amount Imprisonment in lieu of default of payment of fine.

Section 7 of 4 years RI                Rs.5,000/-        Six       months
Prevention    of                                         additional R.I.
Corruption
Act,1988Section
7 of Prevention
of    Corruption
Act,1988
Section 713(i)(d) 4 years RI           Rs.5.000/-        Six       months
read with Section                                        additional R.I.
13(2)          of
Prevention     of
Corruption
Act,1988

This appeal is filed against the judgment dated 22.01.2021 passed by Special Judge, Prevention of Corruption Act, Shajapur in Special Sessions Trial No.4/2018.

Though the learned counsel for the appellant is praying for suspension of sentence on merit but at present the appellant is being considered for temporary release because of illness of his son. According to the appellant, his son is suffering from COVID-19 and admitted in the hospital and his presence is required for his betterment. He has filed documents in relation to the treatment.

THE HIGH COURT OF MADHYA PRADESH CRA No.1577/2021 Mohammad Akil Khan S/o Mohammad Yunus Khan V/s. State of M.P.

Looking to the Corona pandemic and the condition of his son at present jail sentence of the appellant is suspended temporarily for a period of three months.

Accordingly, I.A. No.6899/2021 is allowed and it is directed that subject to deposit of fine amount with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty Thousand Only), with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of the appellant shall remain suspended temporarily for a period of three months from the date of his release i.e. 22nd July 2021.

He shall surrender before Special Court (PC Act ) immediately after three months from the date of release. In case, he does not surrender on that date, the concerned court shall issue an arrest warrant for securing presence of appellant Mohammad Akil Khan.

Let a copy of this order be communicated to CJM, Ujjain forthwith for information and necessary compliance.

List the Criminal Appeal on 19 July 2021.

C.c. as per rules.

( VIVEK RUSIA ) JUDGE ns

NEERAJ SARVATE 2021.04.23 12:25:22 +05'30'