Ismail Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1939 MP

                                                         1                              CRA-308-2021
                              The High Court Of Madhya Pradesh
                                         CRA-308-2021
                                         (ISMAIL KHAN Vs THE STATE OF MADHYA PRADESH)

                      4
                      Jabalpur, Dated : 08-05-2021
                            Heard through Video Conferencing.
                            Shri Rajesh Nema, learned counsel for the appellant.
                            Shri Rajesh Sharma, learned Panel Lawyer for the State.
                            Record of the trial Court is received.
                            Heard on the question of admission.

                            Appeal is admitted for hearing.
                            Heard    on I.A. No.2599/2021, an application for suspension of
                      sentence and grant of bail to the appellant.
                            T h e appellant has been convicted for offence punishable under
                      Sections 120(b) read with section 467 of IPC, 467 (two counts), 468 and 471
                      of IPC and sentenced to undergo R.I. for 2 years and fine of Rs.500/- in the
                      first count, RI for 5 years and fine of Rs.1000/- in the second count, while
                      RI for 3 years and fine of Rs.1,000/- in the third and fourth count vide
                      impugned judgment order dated 24.12.2020 passed by the Second Additional

                      Sessions Judge, Astha District Sehore in Sessions Trial No. 19/2017.
                            Learned counsel for the appellant submits that the appellant is more
                      than 74 years. He has completed near about six months in jail. During trial,
                      the appellant was on bail and never misused the liberty. One of the co-
                      accused has been acquitted by the trial Court itself. The final disposal of the
                      appeal would take some time. With these submissions prayed to suspend the
                      remaining jail sentence of the appellant.
                            Learned counsel for the State opposed the prayer for suspension of
                      sentence.
                            Having heard learned counsel for the parties and having perused the
                      judgment of the trial Court.

Signature Not               Looking to the aforesaid facts and circumstances of the case and the
 SAN
Verified

Digitally signed by
PRASHANT
BAGJILEWALE
Date: 2021.05.08
15:24:33 IST
                                         2                           CRA-308-2021
fact that the during trial the appellant was on bail so also taking into
consideration the fact that final disposal of the appeal would take some time
due to present scenario of Covid-19, hence the aforesaid I.A. is allowed and
the remaining jail sentence of the appellant is hereby suspended.
       I t is further directed that the appellant shall be released on bail
depositing the amount of fine and on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One lacs) with one surety bond in the like amount to
the satisfaction of C.J.M. Sehore for his appearance before the Registry of
this Court on 09.11.2021 and on such other dates as may be fixed by the
office during the pendency of this appeal.
       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
m o t u W.P.No.1/2020, it would be appropriate to issue the following
directions to the Jail authorities :-
       1.

The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before his/her/their release.

2. The applicant shall not be released if he is suffering from "Corona Virus Disease" and for this purpose, appropriate tests will be carried out.

3. If it is found that the applicant is suffering from "Corona Virus Disease" necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.

4. If the applicant is not found infected with the alleged virus, the jail authority shall ensure his transportation from the jail to his place of residence. The transportation shall be done in full compliance of the rules and norms of social distancing.

List the case for final hearing.

C.C. as per rules.

(AKHIL KUMAR SRIVASTAVA) JUDGE 3 CRA-308-2021 pb