Haleem Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 668 MP

        01      HIGH COURT OF MADHYA PRADESH
                      CRR. No. 714/2021
                  ( Haleem Khan Vs. State of MP)

Gwalior, Dated:12.03.2021
      Shri F.A.Shah, learned counsel for the petitioner.

      Shri Ravindra Singh Kushwaha, learned Deputy Advocate

General for respondent/State.

I.A. No.7281/2021, an application for urgent hearing is taken

up, considered and allowed for the reasons mentioned therein.

Heard on I.A.No. 7282/2021, first application under Section

397 (1) of Cr.P.C. for suspension of sentence on behalf of the

petitioners.

This criminal revision has been filed against the judgment

dated 06.01.2021 passed by Sessions Judge, Disitrict Shivpuri in

Criminal Appeal No.55/2020 affirming the judgment of conviction

and sentence dated 31.01.2020 passed by Chief Judicial Magistrate,

First Class, Guna in Criminal Case No.497/2018 by which the

petitioner has been convicted under Section 25(1-B) (B) of the

Arms Act and has been sentenced to undergo one year RI,with fine

of Rs.500/- with default stipulations.

It is submitted by learned counsel for the petitioner that the

petitioner has been wrongly convicted by the appellate Court as

well as by the trial Court. It is further submitted that the petitioner 02 HIGH COURT OF MADHYA PRADESH CRR. No. 714/2021 ( Haleem Khan Vs. State of MP)

was on bail during trial and has deposited the fine amount. Hence,

prays to suspend the jail sentence of the petitioner. He further

undertakes to abide by all the terms and conditions of guidance,

circulars and directions issued by Central Government, State

Government as well as Local Administration regarding measures in

respect of COVID-19 Pandemic and maintain hygiene in the

vicinity while keeping physical distancing.

Counsel for the State vehemently opposed the prayer and

prayed to reject the application for suspension of sentence.

Heard learned counsel for the parties and perused the

materials available on record.

Looking to the aforesaid facts and circumstances of the case,

without commenting on merits of the case, the application (I.A.No.

7282/2021) is allowed and the remaining jail sentence of the

petitioner is hereby suspended. It is hereby directed that on

depositing the fine amount, if not already deposited, the petitioner

shall be released on bail on furnishing personal bond of

Rs.25,000/- (Rupees twenty five thousand only) with one solvent

surety of the like amount to the satisfaction of the concerned Court.

The petitioner is further directed to mark his appearance before the 03 HIGH COURT OF MADHYA PRADESH CRR. No. 714/2021 ( Haleem Khan Vs. State of MP)

Office of this Court on 5.4.2021 and on subsequent dates given by

the Office in this regard, till final disposal of this revision.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the petitioner, his Corona Virus test

shall be conducted and if it is found negative, then the concerned

local administration shall make necessary arrangements for sending

the petitioner to his house, and if the test is found positive then the

petitioner shall be immediately sent to concerning hospital for

her/his treatment as per medical norms. If the petitioner is fit for

release and if he is in a position to make his personal arrangements,

then he shall be released only after taking due travel permission

from local administration. After release, the petitioner is further

directed to strictly follow all the instructions which may be issued

by the Central Govt./State Govt. or Local Administration for

combating the Covid19. If it is found that the petitioner has

violated any of the instructions (whether general or specific) issued

by the Central Govt./State Govt. or Local Administration, then this

order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take them in

custody and would send them to the same jail from where they 04 HIGH COURT OF MADHYA PRADESH CRR. No. 714/2021 ( Haleem Khan Vs. State of MP)

were released.

The petitioner is further directed to inform the SHO of

concerned police station about his residential address in the said

area and it would be the duty of the Public Prosecutor to send E-

copy of this order to SHO of concerned police station for

information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned

for compliance.

Certified copy/ e-copy as per rules/directions.

                                      (Rajeev Kumar Shrivastava)
vv                                       Judge



      SMT VALSALA
      VASUDEVAN
      2021.03.12
      17:43:03
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