Madhya Pradesh High Court
Moh. Akil Khan vs The State Of Madhya Pradesh on 16 July, 2021
Author: Vivek Rusia
-1- CRA No.1577/2021
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
CRA NO.1577/2021
Mohd. Akil Khan s/o Mohd. Yunus Khan vs. State of M.P through
Lokayukta
16.07.2021: (INDORE):
Shri Manish Yadav, learned counsel for the appellant.
Shri Vaibhav Jain, learned counsel for the respondent.
Heard on the question of admission.
Record perused.
Admitted for final hearing.
Also heard on IA No.17694/21, a second repeat application for
suspension of sentence. The first application was allowed and the
sentence was suspended temporarily for a period of three months on
22.04.2021.
Appellant has filed this appeal against the judgment dated
22.01.2021 passed by Special Judge (PC Act), Indore in Special Case
No.04/2014 whereby the learned trial Court has convicted the
appellant under section 7 & 13(1)(d) r/w section 13(2) of the
Prevention of Corruption Act and sentenced him to undergo RI for 4
years with fine of Rs.5,000/- & 4 years RI with fine of Rs.5,000/-
respectively with further default stipulation.
Learned counsel for the appellant submits that the appellant has
been falsely implicated in the offence due to previous enmity. He is
aged 57 years and suffering from various diseases. There is no one in
his family to look after his wife who is also suffering from various
health problems. The appellant has already lost his job, therefore, his
family has no source of earning. He has every hope of success in this
appeal as he has neither demanded nor received any bribe from the
complainant. There is no likelihood of early disposal of the appeal in
near future, hence the application for suspension of sentence be
considered taking into consideration the directions issued by the
Hon'ble Supreme Court in the light of Covid-19 pandemic in Suo
Moto Writ Petition (Civil) No.05/2020.
-2- CRA No.1577/2021
Learned counsel for the respondent opposes the prayer and
prays for its rejection.
The Apex Court in the case of Vedkumar Pandya vs. State of
M.P. (SLP No.6560/2019 decided on 16.09.2019) has suspended the
sentence to the appellant under the PC Act only on the ground that he
is in custody since last ten months and there is no likelihood of early
disposal of the appeal in near future. The entire order is reproduced
below:-
The petitioner has been in custody since 29th November
2018. Considering the fact that the sentence is only for four
years and disposal of the appeal is likely to take time,
having regard to the pendency of cases, we deem it
appropriate to direct that the petitioner be released on bail
in Special Case No.29 of 2016 dated 29th November, 2018
on conditions to the satisfaction of the Special Judge
(Prevention of Corruption Act), Indore. The special leave
petitions are disposed of.
In view of the above and considering the age of the appellant,
the application is allowed and it is directed that subject to deposit of
the fine amount with the trial Court (if already not deposited) and
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One
Lakh) with one solvent surety in the like amount to the satisfaction of
the trial Court for his appearance before the Registry of this Court, the
execution of custodial part of the sentence shall remain suspended till
the final disposal of this appeal. The appellant after being released on
bail shall mark his presence before the Registry of this Court on
10.01.2022 and on all such subsequent dates, as may be fixed in this
behalf by the Registry during the pendency of this appeal.
Before releasing the appellant from the custody, the Jail
Authorities are directed to medically examine him in order to rule out
the possibility of COVID-19 infection and shall comply with the
direction given by the Apex Court in Writ Petition No.01/2020.
List the matter for final hearing in due course.
C.c as per rules.
(VIVEK RUSIA)
Digitally signed by HARI KUMAR
hk/ C G NAIR
JUDGE
Date: 2021.07.16 18:05:33 +05'30'
