Gabbar @ Gayyur @ Amjad vs The State Of Madhya Pradesh
2021 Latest Caselaw 2444 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Criminal Appeal No.1702/2017
                 (Gabbar @ Gayyur @ Amjad Vs. State of M. P.)
                                    -1-

Indore, dated 16/06/2021

         Heard through Video Conferencing.

         Shri Siddharth Jain, learned counsel for the appellant.

         Shri Romil Malpani, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.9270/2021, which is fourth application under

Section 389(1) of Cr.P.C. for suspension of sentence and for grant of

bail on behalf of the appellant Gabbar @ Gayyur @ Amjad.

The appellant has been convicted under section 307 of the IPC

and sentenced to under go 07 years RI with fine of Rs.2,000/-, with

default stipulation, vide judgment dated 01/09/2017 passed in

Sessions Trial No.283/2015 by I Additional Sessions Judge, Dhar.

Learned counsel for the appellant submits that the first

application for suspension of sentence was dismissed as withdrawn

vide I.A.No.8686/2017 on 03/01/2018, second application was

dismissed as withdrawn vide I.A.No.8994/2018 on 02/01/2019 and the

third application was also dismissed as withdrawn with a liberty to

revive the prayer after three months vide I.A.No.282/2020 on

04/02/2020. Learned counsel submits that three months' period is

over. He further submits that the appellant is innocent and has not

committed the crime as alleged. The appellant is in jail since

22/06/2015. Learned counsel submits that the appellant has suffered

jail incarceration of 05 years, 07 months and 03 days out of total 07 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.1702/2017 (Gabbar @ Gayyur @ Amjad Vs. State of M. P.)

years sentence. He is the sole bread earner and due to his jail

incarceration, the family is in penury. It is submitted that learned Court

below has not properly appreciated the evidence, and committed error.

During COVID-19 pandemic the regular criminal appeals are not being

taken up for consideration on merits. Therefore, prays for suspension

of sentence and enlargement of appellant on bail, on such terms and

conditions this Court deems fit and proper.

Learned Public Prosecutor opposes the application for

suspension of sentence.

Taking into consideration the facts and circumstances of the

case and the fact that appeal will take long time and the appellant has

under gone 05 years, 07 months and 03 days in jail custody out of

total 07 years sentence, the application is allowed and the jail

sentence of the appellant shall remain suspended and he be released

on bail on his furnishing personal bond in the sum of Rs.2,00,000/-

(Rupees Two Lacs Only) with separate solvent surety in the like

amount to the satisfaction of the trial Court subject to deposit of the

fine amount. The appellant is directed to appear before the Registry of

this Court on 10/08/2021 and on other dates as may be fixed in this

behalf with following further conditions:-

(i) the appellant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.1702/2017 (Gabbar @ Gayyur @ Amjad Vs. State of M. P.)

maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order;

In the event of violation of any of the terms and conditions of the

order by the appellant, the prosecution is at liberty to seek cancellation

of the bail granted to the appellant.

Learned Public Prosecutor is directed to send an e-copy of this

order to the Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.06.16 17:12:47 -07'00'