Alamgir Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 3479 MP

                                 1                               CRA-103-2016
         The High Court Of Madhya Pradesh
                    CRA-103-2016
                 (ALAMGIR KHAN Vs THE STATE OF MADHYA PRADESH)

68
Jabalpur, Dated : 20-07-2021
      Heard through Video Conferencing.
      Shri Saurabh Shrivastava, learned counsel for the appellant.
      Ku. Kamlesh Tamrakar, learned P.L. for the respondent/State.

Heard on I.A. No.12638/2021, which is fourth application for suspension of sentence and grant of temporary bail to the appellant-

Alamgir Khan.

The appeal has been preferred under Section 374(2) of the Cr.P.C.,1973 b y the appellant/accused against judgment dated 09.12.2015 passed by learned IV Additional Sessions Judge Katni ( MP) in Session Trial No.37/2015, by which the appellant has been convicted for offence under Section 376 (2)g of IPC and has been sentenced to undergo R.I. for 10 years with fine of Rs.2500/- and Section 366 of IPC and has been sentenced to undergo R.I. for 7 years with fine

o f Rs. 1000/-. Default stipulations have also been imposed by the trial Court.

Learned counsel for the appellant submits that father of present appellant was died on 14/06/2021, in this regard he has filed death certificate of appellant's father with affidavit. Therefore, in such circumstances, it is prayed that jail sentence of appellant may be temporarily suspended and he may be released on temporary bail for the period of one month.

Learned P.L. for the respondent/State opposes the said application. Considering the argument of both the parties and looking to the death certificate of appellant's father, but without expressing any opinion on the merits of the case, this Court is inclined to release the appellant on 2 CRA-103-2016 temporary bail for death ceremony (Chaliswa). Consequently, I.A. No.12638/2021 is allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent surities of Rs. 50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial

Court, the remaining part of the substantive jail sentence imposed upon

the appellant-Alamgir Khan shall remain temporarily suspended for a period of 15 days and he shall be released on bail on temporary basis for a period of 15 days.

The appellant is directed to surrender before the trial Court within 1 5 days from the date of his release and thereafter the trial Court will sent him to jail for serving the remaining part of the jail sentence.

In case, appellant fails to surrender before the trial Court within the prescribed period, the trial Court will be free to adopt coercive action against the appellant for securing his presence.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-

1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

                                       3                          CRA-103-2016
             List the matter after 15 days
             C.C. as per rules.

                                             (RAJENDRA KUMAR SRIVASTAVA)
                                                        JUDGE


Prar




       PRARTHANA
       SURYAVANSHI
       2021.07.20
       17:36:00 +05'30'