Citation : 2021 Latest Caselaw 320 MP
Judgement Date : 27 February, 2021
1 CRA-6415-2019
The High Court Of Madhya Pradesh
CRA-6415-2019
(MOHMMAD AJMUDDIN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
17
Jabalpur, Dated : 27-02-2021
Shri Ashutosh Upadhyay, learned counsel for the appellant.
Shri Harish Shukla, learned PL for the respondent/State.
Heard on the question of admission. Admit. Also heard on I.A. No.317/2020, an application for suspension of sentence and grant of bail to the appellant.
The appellant has been convicted for offence punishable under Section 307/34 of IPC in two counts and sentenced to undergo R.I. for ten years in t wo counts with fine of Rs.20,000/- in two counts with default to the stipulated period mentioned in the impugned judgment.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He is ready to cooperate in the trial of the case. Under such circumstances, prayer is made to suspend the jail sentence of the appellant and his release on bail.
Learned Panel Lawyer has opposed the prayer made by the learned
counsel for the appellant.
Having heard learned counsel for the parties and having perused the judgment of the trial Court, I consider it a fit case for suspension of sentence and grant of bail to the appellant. The application (I.A. No.317/2020) 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 Mohmmad Ajmuddin shall be released on bail on his depositing the amount of fine and furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of C.J.M. Jabalpur for his appearance before the Registry of this Court on 19.07.2021 and on such other dates as may be fixed
Signature Not by the office during the pendency of this appeal. SAN Verified
Digitally signed by KAFEEL AHMED ANSARI Date: 2021.02.27 17:40:52 IST 2 CRA-6415-2019 The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Applicants are examined by the jail doctor before their release. If applicants show symptoms of COVID 19, the doctor shall forthwith direct them to be produced before the appropriate hospital
designated for the detection and treatment of COVID 19 patients. If the doctor is of the opinion that the Applicants are not affected with the virus, the jail authorities shall ensure their transportation from the jail till his place of residence.
C.C. as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE
kafeel
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