Ejaz Champatiya @ Ejaz Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3072 MP

                  HIGH COURT OF MADHYA PRADESH
                     1
                                                     Cr.A.No.7158/2018
                       Ejaz Champatiya alias Ejaz Khan Vs. State of M.P.

Gwalior Bench Dated 07.07.2021

      Shri Imran Khan, learned counsel for the appellant.

      Shri Inder Ashthana, learned PP for the respondent/State.

Heard on I.A.No.19859/2021, an application under Section

389(1) of Cr.P.C. for suspension of jail sentence and grant of bail on

behalf of the appellant - Ejaz Champatiya alias Ejaz Khan.

By the impugned judgment of sentence and order of conviction,

appellant has been convicted for offence under Sections 354, 294 of

IPC and Section 3 (1)(s) and 3 (1) (v-a) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act and sentenced to

suffer various terms of sentences maximum of which is four years RI,

with fine and default stipulations.

It is the submission of learned counsel for appellant that the trial

Court erred in convicting and awarding jail sentence to appellant.

Appellant is suffering confinement since 07-09-2018 (except for 2

months when he was released on temporary suspension of sentence),

therefore, he has suffered more than 2 years 7 months of incarceration

out of 4 years of jail sentence. He learnt the lesson hard way and

would try to mend his ways and would become a better citizen.

Looking to the period of custody and the fact that early conclusion of

appeal is bleak possibility, his case be considered for suspension of

sentence. Learned counsel fairly submits that if appellant is released

on bail then he shall abide by all conditions imposed by this Court. He HIGH COURT OF MADHYA PRADESH

Cr.A.No.7158/2018 Ejaz Champatiya alias Ejaz Khan Vs. State of M.P.

undertakes that he would not be a source of embarrassment and

harassment to the complainant party in any manner. He further

undertakes to abide by all the terms and conditions of guidance,

circulars and directions issued by Central Government, State

Government as well as Local Administration regarding measures in

respect of COVID-19 Pandemic and maintain hygiene in the vicinity

while keeping physical distancing. He further undertakes to continue

with the community service by keeping maintaining the saplings

which were planted by him earlier.

Learned Public Prosecutor opposed the application and prayed

for its dismissal.

Looking to the submission made by learned counsel for the

parties as well as the fact that final hearing of this appeal would take

some time, application I.A.No.19859/2021 is hereby allowed.

If appellant furnishes bail bond in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) along with two solvent sureties of

the same amount to the satisfaction of the trial Court that he shall

appear before the Principal Registrar of this Court on 09-09-2021 and

on all other subsequent dates as may be fixed by the Office for

appearance, then he shall be released on bail and execution of jail

sentence is suspended till disposal of this appeal, subject to payment

of fine.

Appellant shall not be source of harassment and HIGH COURT OF MADHYA PRADESH

Cr.A.No.7158/2018 Ejaz Champatiya alias Ejaz Khan Vs. State of M.P.

embarrassment to the complainant party and would abide all the

terms and conditions of bail bond and would not involve in

criminal activity in future.

Appellant shall keep maintaining the saplings planted

earlier and submit report in every two months before the trial

Court. Two weeks' time is granted to submit compliance report (if

not submitted) in pursuance to earlier order dated 21-10-2020.

E-copy of this order be sent to the trial Court for information

and necessary compliance.

E-copy/certified copy as per rules.

(Anand Pathak) Judge Anil*

ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA

KUMAR PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

CHAURASIY st=Madhya Pradesh, 2.5.4.20=8512f40a1a9eaa50b6802d06 8b51dae27e84c266b09d283f0799e67

A cdc7df50f, cn=ANIL KUMAR CHAURASIYA Date: 2021.07.08 08:07:19 -07'00'