Sikandar vs The State Of Madhya Pradesh
2021 Latest Caselaw 2533 MP

                                     1                                CRA-2403-2021
         The High Court Of Madhya Pradesh
                    CRA-2403-2021
               (SIKANDAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Indore, Dated : 18-06-2021
       Shri Nilesh Agrawal, learned counsel for the appellant.
       Ms. Somya Maru, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

Heard on I.A..No.9127/2021, an application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail, on behalf of the appellant No.4-

Jahida Bi.

The appellant No.4 has been convicted under Section 323/34 of IPC and sentenced till rising of the Court with fine of Rs.1,000/- and under Section 307/34 of IPC and sentenced to suffer 07 years RI with fine of Rs.1,000/- with default clause respectively vide judgment dated 19th March, 2021 passed in Sessions Trial No.54/2018 by the First Additional Sessions Judge, Indore.

Learned counsel for the appellant submits that appellant is innocent and he has been falsely roped in the offence. The sole allegation against appellant No.4- Jahida Bi is that of pelting stones on Mumtaz at the time of occurrence of the incident. The MLC report does not suggest any injury on the body of the Mumtaz.

The case of appellant No.4 is all together different from the main accused persons namely Sikandar, Asif and Imran as per the prosecution case detained in para 3 of the judgment. Appellant is a married lady aged about 30 years and has suffered jail incarceration for about three months. During trial, she was on bail and did not misuse the liberty granted to her. Due to the Covid-19 pandemic, final disposal of the appeal shall take time. On these grounds, learned counsel prays that execution of the jail sentence of the appellant may be suspended and she be enlarged on bail.

Learned State counsel opposed the bail application and prayed for its rejection.

Upon hearing learned counsel for the parties, but without commenting any opinion on the merits of the case, and in the obtaining facts and circumstances of the case that appellant No.4 is only alleged to have pelted stones on Mumtaz and nothing more allegation is against her, hence, prima facie case is made out for suspension of sentence and grant of bail to appellant No.4.

2 CRA-2403-2021 Consequently, I.A., is hereby allowed and it is directed that execution of jail sentence of the appellant No.4-Jahida Bi shall remain suspended during pendency of this appeal and she shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.1,50,000/- (Rupees One Lac Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court and also subject to deposit of the fine amount (if not already deposited) for her appearance

before the Registry of this Court on 11/08/2021 and on further dates as may be directed by the Registry in that regard with following further conditions:

( i ) the appellant No.4 will 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 time to time in the matter of maintaining social distancing, physical distancing, hygiene, etc, to avoid proliferation of Novel Corona virus(COVID-1);

( i i ) the concerned jail authorities are directed that before releasing the appellant No.4, the medical examination of the appellants be conducted through the jail doctor and if it is prima-facie found that she is having any symptoms of Covid- 19, then the consequential follow up action or any further test required be undertaken immediately.

Learned State counsel is directed to send e-copy of this order to all the concerned including the concerned Station House Officer of the Police Station for information and necessary action.

I.A. stands closed.

(ROHIT ARYA) JUDGE

vc

VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHATURV COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3ed

EDI f20e67d11d7f91045d81139f6792fbd4a e91f, cn=VARSHA CHATURVEDI Date: 2021.06.18 18:14:15 +05'30'