Risalat Noor Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3447 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                      Criminal Appeal No.1299/2021
                     (Risalat Noor Khan Vs. State of M. P.)
                                     -1-

Indore, dated 19/07/2021

       Heard through Video Conferencing.

       Shri Sachin Bhatnagar, learned counsel for the appellant.

       Shri Vaibhav Jain, learned Panel Lawyer for the respondent / State.

IA.No.4715/2021 is an application for urgent hearing. The same is

allowed.

Heard on the question of admission.

Record perused. Admitted for final hearing.

Also heard on IA No.3589/2021, an application for suspension of

sentence. Appellant has filed this appeal against the judgment dated

18/02/2021 passed by Special Judge (P.C. Act), Ratlam in Special Case

No.02/2016 whereby the learned trial Court has convicted the appellant

under section 13 (1) (?k) (iii) read with Section 13(2) of the Prevention of

Corruption Act and sentenced her to undergo 04 years RI with fine of

Rs.7,000/- with further default stipulation.

Learned counsel for the appellant submits that the appellant has

been falsely implicated in the offence. That the prosecution has failed to

prove the demand of illegal gratification. Due to her long jail incarceration,

she may get various infection during this Covid-19 pandemic. She has

every hope of success in this appeal as she has neither demanded nor

received any bribe from the complainant. She is in custody since

18/02/2021 and she has already undergone almost 04 months R.I. There

is no likelihood of early disposal of the appeal in near future, hence the

application for suspension of sentence be considered taking into HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.1299/2021 (Risalat Noor Khan Vs. State of M. P.)

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.

Learned counsel for the respondent opposes the prayer and prays

for its rejection on the ground that demand has been established by the

recording during trap. The trap was successful and there is no scope of

interference in this appeal.

In view of the above, the application - I.A. No.3589/2021 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.50,000/-(Rupees Fifty Thousand) with one solvent surety in the like

amount to the satisfaction of the trial Court for her 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 her presence

before the Registry of this Court on 19/01/2022 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 her 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.05/2020.

List the matter for final hearing in due course.

Certified copy as per rules.

(VIVEK RUSIA) JUDGE Tej Digitally signed by TEJPRAKASH VYAS Date: 2021.07.19 18:12:20 -07'00'