Salman Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4910 MP

          HIGH COURT OF MADHYA PRADESH,
                  BENCH AT GWALIOR
                    Cr.R. No.1970/2021
        (Salman Khan and others Vs. The State of M.P. )
                                   (1)

Gwalior, dated : 01/09/2021

      Shri Suresh Agrawal, Advocate for the petitioners.

      Heard on the question of admission.

      Admit.

      Shri Manish Nayak, Panel Lawyer accepts notice on behalf of

respondent/State.

Records of the Courts below be called for.

I.A. No.25708/2021, an application for urgent hearing is

allowed.

Heard on I.A. No. 25707/2021, which is an application for

suspension of sentence and grant of bail filed on behalf of the

petitioners.

The petitioners have been convicted under section 11(1)

("Ka") of the Prevention of Cruelty to Animals Act, 1960 (for short

"the Act") and sentenced to pay a fine of Rs.50/- in default to suffer

S.I. for 2 days; under section 11(1)("kha") of the Act to pay a fine of

Rs.50/- in default to suffer S.I. for 2 days; under section 11(1)("da")

of the Act to pay a fine of Rs.50/- in default to suffer S.I. for 2 days;

under section 6 of the M.P. Govansh Vadh Pratishedh (Sanshodhan)

Adhiniyam, 2010 to undergo R.I. for six months with fine of

Rs.5000/- in default to suffer R.I. for 2 months and under section

66/192 ("Ka") of the Motor Vehicles Act, 1988 to pay a fine of

Rs.2000/- in default to suffer S.I. for one month, by the impugned HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.1970/2021 (Salman Khan and others Vs. The State of M.P. )

judgment dated 5/11/2015 passed in Criminal Case No.1173/13 by

Judicial Magistrate First Class, Shivpuri and affirmed vide judgment

dated 18/8/2021 passed in Cr.A. No.500411/2015 by I Additional

Sessions Judge, Shivpuri.

Learned counsel for the petitioner submits that both the Courts

below have mis-appreciated the evidence on record. All the material

witnesses have turned hostile and the petitioners have been convicted

only on the testimony of Police witnesses. The petitioners have

remained on bail during trial and appeal and have not misused the

liberty so granted. Attention has also been invited to the guidelines

issued to all the States and Union Territories by the Apex Court for

de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE :

CONTAGION OF COVID 19 VIRUS IN PRISONS), as well as,

W.P. No. 9320/2021 (In refernce (suo motu) Vs. State of M.P. And

others) to consider release of prisoners who have been convicted or

are under trial for offences for which prescribed punishment is up to

7 years or less by constituting a High Powered Committee. There are

fair chances of success of this revision. The revision may take long

time for its conclusion and the petitioner cannot be kept in custody

for an unlimited period. With the aforesaid submissions, it is prayed

that the execution of sentence be suspended and the petitioners may

be released on bail.

On the other hand, learned Panel Lawyer opposed the prayer.

HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.R. No.1970/2021 (Salman Khan and others Vs. The State of M.P. )

Keeping in view the aforesaid submission of learned counsel

for the parties and the facts and circumstances of the case, the I.A. is

allowed.

It is, therefore, directed that if each one of the petitioners

namely Salman Khan, Mohammad Juned and Vaseem Khan

deposits the entire fine amount, if not already deposited, and

furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty

thousand) with one solvent surety in the like amount to the

satisfaction of trial Court for his appearance before the Registry of

this Court on 29th September, 2021 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. Each one of the petitioners 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 and shall install

Arogya Setu App. in his mobile phone.

Certified copy/e-copy as per rules/directions

(S.A.Dharmadhikari) Judge

(and)

ANAND SHRIVASTAVA 2021.09.02 10:46:24 +05'30'