Arshad Kha vs The State Of Madhya Pradesh
2021 Latest Caselaw 7660 MP

             THE HIGH COURT OF MADHYA PRADESH
                              1
                       Cr.R. No. 2806/2021
                ( Arshad Khan Vs The State of M.P.)

Gwalior, Dated : 22/11/2021
       Shri V.B. Sharma, learned counsel for the petitioner.

        Ms. Padamshri Agarwal, learned Panel Lawyer for the
respondent-state.

Heard on admission.

Admit.

Record of the Trial Court has already been received.

Heard on I.A. No 31285/2021, an application for suspension of sentence and grant of bail to the petitioner.

This revision is directed against the appellate judgment dated 22/10/2021 passed by First Additional Sessions Judge, Ganjbasoda Link Court Kurwai Ditrict Vidisha (M.P.) in Cr. Appeal No. 11/2019, whereby conviction of the petitioner for the offence punishable under Section 304-A of the IPC, as recorded by Judicial Magistrate First Class, Kurwari District Vidisha (M.P.) vide judgment dated 05/09/2019 passed in Cr. Case No.360/2014, and consequent sentence of one year RI with fine of Rs. 200/-, was affirmed.

Learned counsel for the petitioner submits that the petitioner was on bail during trial and appeal and has never misused the liberty so granted. It is submitted that if released on bail, there is no possibility of his absconsion. Petitioner cannot be kept in custody for an unlimited period. It is further submitted that fine amount has already been deposited. In view of COVID-19, outbreak detention of petitioner in already congested prisons may be detrimental. An THE HIGH COURT OF MADHYA PRADESH

Cr.R. No. 2806/2021 ( Arshad Khan Vs The State of M.P.)

early hearing of this criminal revision is not possible.

Learned Panel Lawyer opposed the aforesaid IA.

Keeping in view the aforesaid prayer of learned counsel for

the petitioner and the facts & circumstances of the case , this Court

is inclined to extend the benefit of bail to the petitioner. I.A.

No.31285/2021 is allowed.

It is, therefore, directed that if petitioner deposits the entire

fine amount, if not already deposited, and furnish a personal bond in

the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one

local solvent surety in the like amount to the satisfaction of trial

Court for his appearance before the Registry of this Court on 24th

January, 2022 and on such subsequent dates as may be fixed in this

regard, sentences of imprisonment awarded to him shall remain

suspended till further orders and he shall be released on bail.

The petitioner shall also furnish a written undertaking that he

will abide by the terms and conditions of various circulars, as well

as, orders issued by the Central Government, State Government and

local administration from time to time such as maintaining social

distancing, physical distancing, hygiene etc. to avoid proliferation

of Corona virus.

THE HIGH COURT OF MADHYA PRADESH

Cr.R. No. 2806/2021 ( Arshad Khan Vs The State of M.P.)

A copy of this order be sent to the trial Court concerned for

compliance. Certified copy as per rules.

(S.A.Dharmadhikari) JUDGE Prachi

PRACHI MISHRA 2021.11.22 17:15:30 +05'30'