Jaber Ali @ Javed Ali @ Jivar @ Kutkut vs State Of Madhya Pradesh

Heard on I.A.No.21694/2019, which is an application for condonation of delay in filing the appeal.

For the reasons stated therein, I.A.No.21694/2019 stands allowed.

Delay in filing the appeal is hereby condoned.

Record of the trial Court has been received.

Admit.

Also heard on I.A.No.21693/2019, which is an application for suspension of sentence and grant of bail.

Learned counsel for the appellant has drawn attention of this Court to para 22 of the judgment of the trial Court by which it is apparent that the

appellant was in continuous custody as an under trial from 15.12.2016 till the order passed by the trial Court on 18.01.2019 and thereafter continued to

remain in jail as a convict.

Under the circumstances, as the punishment imposed by the learned Court below for the offence under Section 392 of IPC is 7 years and as the

appellant has completed more than 50% of the jail sentence, I am inclined to allow I.A.No.21693/2020 and suspend the remaining part of the sentence

imposed upon the appellant and direct that he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) with one surety in the like amount to the satisfaction of the Trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be

sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the jail authorities.

List for final hearing in the due course.

Certified copy as per rules.