Kallu @ Mohammad Rafeeq & Anr vs State Of M.P.

I.A. No. 8984/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Heard on the question of admission.

The appeal being arguable is admitted for final hearing.

Also, heard on I.A. No. 8650/2020, third application under Section 389 (1) of CrPC for suspension of sentence of appellant No. 1- Kallu @ Mohammad Rafeeq and I.A.No.8983/2020, first application under Section 389 (1) of Cr.P.C. for suspension of sentence on behalf of appellant No. 2 - Uvesh @ Imran Khan.

This criminal appeal has been filed against the judgment dated 22/10/2019 passed by First Additional District and Sessions Judge, Vidisha in Sessions Trial No.30/2017 by which appellants - Kallu @ Mohammad Rafeeq and Uvesh @ Imran Khan have been convicted as under:-

Section under IPC

Imprisonment

Fine

In default

304 (1)/149

10 years R.I.

Rs.5,000/-

Six months R.I.

148

3 years R.I.

Rs.500/-

One month R.I.

It is submitted by learned counsel for the appellants - Kallu @ Mohammad Rafeeq and Uvesh @ Imran Khan that the appellants have been wrongly convicted by the trial Court. There are lots of contradictions and omissions in the evidence of the prosecution witnesses. Appellants are in jail since the date of impugned judgment i.e, 22/10/2019 and during trial also they had remained in jail for almost 4 months. Looking to the current COVID-19 situation, there is no possibility of final hearing of this appeal in near future. It is further submitted that jail sentence of co-accused Iqbal, Javed and Saddam has already been suspended by this Court and the case of the present appellants are also on the same footing. Hence, prays to suspend the jail sentence of the appellants. They further undertake 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 has submitted that there are several criminal cases registered against the appellants. Hence, 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 aforesaid and the custody period of the appellant, without commenting on merits of the case, the applications (I.A. Nos. 8650/2020 and 8983/2020) are allowed and it is hereby directed that subject to deposit of fine amount, if not already deposited, the remaining jail sentence of appellants - Kallu @ Mohammad Rafeeq and Uvesh @ Imran Khan is hereby suspended and they be released on bail on each of them 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 appellants are further directed to mark their 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 appellants, their Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the said 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 appellants are fit for release and if they are in a position to make their personal arrangements, then they shall be released only after taking due travel permission from local administration. After release, the appellants are further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19. If it is found that the appellants have 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 in respect of that appellant, and the Local Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

The appellants are further directed to inform the SHO of concerned police station about their 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.