Bhaiyyu Pathan @ Javed vs State Of M.P

I.A. No. 14421/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Heard on the question of admission.

Appeal being arguable is admitted for final hearing.

Also, heard on I.A.No.11280/2020, first application under Section 389 (1) of Cr.P.C. for suspension of sentence on behalf of the appellant.

This criminal appeal has been filed against the judgment dated 22/10/2019 passed by Fifth Additional Judge, Vidisha to the Court of First Additional District and Sessions Judge, Vidisha in Sessions Trial No.30/2017 by which the appellant has been convicted and sentenced as under:-

Section under IPC

Imprisonment

Fine

In default

304 (part-1)/149

10 years R.I.

Rs.5,000/-

6 months R.I.

148

3 years R.I.

Rs.500/-

1 month R.I.

It is submitted by the counsel for the appellant that the appellant has been wrongly convicted by the trial Court. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. It is further submitted that jail sentence of all the other co-accused persons have already been suspended by this Court and case of the present appellant is also on the same footing. Therefore, prays to suspend the jail sentence of the appellant. 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 through video conferencing and perused the materials available on record.

Looking to the fact that jail sentence of other co-accused persons have already been suspended, without commenting on merits of the case, application (I.A. No. 11280/2020) is allowed and the remaining jail sentence of the appellant is hereby suspended. It is hereby directed that the appellant shall be released on bail on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned Court. The appellant is further directed to mark his appearance before the Office of this Court on 09/12/2020 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, 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 appellant to his house, and if the test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant 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 appellant 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 appellant 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 were released.

The appellant 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.