Rijwan Khan vs State Of Madhya Pradesh

Heard on the question of admission.

Appeal is admitted for hearing.

Heard on I.A. No.6073/2020, which is first application under Section 389(1) of the Code of Criminal Procedure, 1973 for suspension of sentence and

grant of bail to appellant.

The appellant has been convicted under Sections 498-A & 304-B of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act and

sentenced to undergo R.I. for three years with fine of Rs.1000/-, R.I. for 10 years, R.I. for five years with fine of Rs.1500/- and R.I. for one year

with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. During trial the appellant was on bail. Appellant is

in custody since the date of judgment and due to spread of Covid-19 pandemic, the final disposal of this case would take considerable time, therefore,

it has been prayed that the substantive jail sentence of the appellant be suspended.

Learned Panel Lawyer for the respondent-State has opposed the bail application.

From perusal of the findings recorded by the trial Court for conviction of the appellant which are based on the presumption under Section 113-B of the

Indian Evidence Act. It is also appeared that at the time of the incident the appellant was not present at the spot/his own house. He himself intimated

the police and his in-laws about the death of his wife. As per medical report the deceased committed suicide by hanging. Hence, after considering all

these facts and circumstances of the case and taking into account that due to spread of Covid-19 pandemic, trial would take considerable time to

conclude, therefore, without  commenting  upon the merits of the case, I.A.No.6073/2020 is allowed.

I t is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence

imposed upon the appellant shall remain suspended till final disposal of this case and appellant - Rijwan Khan shall be released on bail. The appellant

shall now appear before the trial Court on 21.12.2020 and on all such other subsequent dates as may be fixed by that Court in this regard.

List the case for hearing in due course.

Certified copy as per rules.