Akbar Ali And Others vs State Of Madhya Pradesh

Heard on I.A.No.2323/2020; first application under section 389 (1) Cr.P.C., seeking suspension of sentence and grant of bail filed, on behalf of the appellant No.2-Imran Hussain.

The present appellant has been convicted under sections 304 part I of IPC and sentenced to suffer ten years of rigorous imprisonment with fine of Rs.10,000/- and under Section 324 of IPC and sentenced to suffer three years of rigorous imprisonment with fine of Rs.5,000/- with default stipulation respectively vide judgment dated 27/01/2018 passed in sessions trial No.137/2015.

Learned counsel for the appellant submits that the appellant is innocent and he has been falsely roped in the offence. The appellant is in jail since 07/02/2015 and aged about 27 years at the time of occurrence of incident. He has no criminal antecedents. Appellant No.2 and the deceased Aziz are closely related being co-brother-in-laws. There was some land dispute in the family, therefore, false case has been registered. The present appellant has not committed any act, muchless; overt act in the commission of crime. The deceased did not die on the spot but, died on the next day in the hospital. The co-accused (co-appellant;Akbar Ali) has been granted the benefit of suspension vide order dated 17/07/2019. The final disposal of the appeal shall take time. He is sole bread earner of the family and the family is on the verge of starvation due to his jail incarceration. His further incarceration shall jeopardize life of the family members. Hence, the present appellant may be enlarged on bail, on such terms and conditions this Hon'ble Court deems fit and proper.

Per contra, learned Panel Lawyer opposed the bail application and prayed for its rejection.

At  this  stage,  learned  counsel  for  the  appellant  on  instructions volunteers to deposit an amount of Rs.10,000./- (Rupees ten thousand only) in the office of the SDM, Alote for providing clothing and other basic amenities to the homeless persons living in the Old Age Homes and Children (boys & girls) living in orphanages or shelter homes or child care institutions in and around Alote and to provide food for stray animals.

Considering the facts and circumstances of the case and submission of learned counsel for the parties but, without expressing any opinion on merits of the case, I am of the view that the application deserves to be allowed. Consequently, I.A.,2323/2020 is hereby allowed and it is directed that execution of jail sentence of the appellant No.2; Imran Hussain shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.5,00,000/- (Rupees Five Lacs only) with one solvent surety in the like amount to the satisfaction of the Trial Court and also subject to deposit of the fine amount (if not already deposited) for appearance before the Registry of this Court on 17/12/2020, and on further dates as may be directed by the Registry in that regard, with further following conditions:

(i) the appellant shall deposit an amount of Rs. 10,000/- (Rupees ten thousand only) in the office of the SDM, Alote for providing clothing and other basic amenities to the homeless persons living in the Old Age Homes and Children (boys & girls) living in orphanages or shelter homes or child care institutions in and around Alote and also to provide food to stray animals like dogs and cows etc.

The office of SDM is directed to maintain a separate account (for production of the record as and when directed for).

The appellant shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case.

(ii) the appellant shall furnish a written undertaking with his complete residential details that he 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 to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(iii) the appellant shall install Aarogya Sethu App (if not already installed) in his mobile phone;

(iv) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

In the event of violation of any of the terms and conditions of the order by the appellant, the prosecution is at liberty to seek cancellation of the bail granted to the appellant

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police station for information and necessary action. Registry is directed to send an e-copy of this order to the the Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time to time.

I.A., closed.