Sumesh vs State Of Madhya Pradesh

Record of the Court below has been received.

Heard on the question of admission.

Appeal is admitted for final hearing.

Heard on I.A. No.7882/2020 for taking additional documents on record.

Considering the averments made in the application, the same is allowed. Office is directed to place the additional documents on record.

Now, heard on I.A. No. 23280/2019, which is second bail application for suspension of sentence and grant of bail to the appellant. First application

being I.A. No.6860/2019 was dismissed as withdrawn vide order dated 16.08.2019 with liberty to file a fresh application after completion of one year

of his detention period.

The appeal has been preferred by the appellant against judgment dated 07.03.2019 passed by the learned 13th Additional Sessions Judge, Bhopal,

District-Bhopal in Sessions Trial No. 370/2012.

Appellant stands convicted for an offence punishable under Section 419 of the IPC and has been sentenced to undergo RI for 3 years with fine of

Rs.500/- in default of payment of fine, additional RI for 1 month, Section 467 o f the IPC and has been sentenced to undergo RI for 7 years with fine

of Rs.500/- in default of payment of fine, additional RI for 1 month, Section 468 of the IPC and has been sentenced to undergo RI for 3 years with

fine of Rs.500/- in default of payment of fine, additional RI for 1 month.

As per prosecution case, Balkishan Madhvan had purchased plot bearing No.11-B of Subhash Colony at village Semra Kala, Tehsil-Huzur, Balkishan

Madhvan, his daughter, namely, Shobhna Menon had sold out the said plot to Mohd. Shafique Khan on 28.11.2011 and also handed over him the

possession of the said plot, thereafter, Mohd. Shafique went to the said plot then co-accused Musharraf Ali told that Balkishan Madhvan has executed

Mukhtiyarnama of the said plot in his favour. Thereafter, Mohd. Shafique has informed the said incident to Shobhna alleging that the said

Mukhtiyarnama was already registered and photographs of another person was affixed in place of Balkishan Madhvan. When Musharraf raised

dispute with regard to the said possession then Shafeek has filed a written complaint to the Police Station-Ashoka alleging that his father, namely,

Balkishan Madhvan has died on 20.03.1991 and Musharraf has prepared a false mukhtiyarnama. During investigation, it is found that co-accused-

Lakhan has impersonated himself, as Balkishan and co-accused-Musharraf has prepared a false Mukhtiyarnama in his favour and in the said

Mukhtiyarnama, co-accused Bablu @ Fahim and appellant-Sumesh have signed in the said Mukhtiyarnana, as witnesses in the name of Wasim and

Suresh, respectively. Thereafter, a case was registered against the present appellant and other co-accused person for the alleged offences.

Learned counsel for the appellant submits that appellant-accused has been falsely implicated in this case. Accused-appellant is in jail since 07.03.2019

and he remained in jail during trial since 05.01.201 to 16.03.2012. There is no specific allegation against the present appellant for committing the

aforesaid offence. Present appellant has not committed any offence. Present appellant is aged about 28 years. The appellant is only the witness of the

alleged incident. Prosecution has not able to prove its case beyond reasonable doubts and there were major contradictions, omission and improvements

in the evidence of the prosecution witnesses. This appeal is of year 2019 and appeal will take time to conclude due to COVID-19. There are fair

chances to succeed in the appeal. There is no likelihood of his circumstances, if the sentence of the appellant is not suspended, his right to

file appeal will be futile. Hence, prayer is made for suspension of his jail sentence and grant of bail.

Learned P.L. has opposed the application and prayed for its rejection.

Having considered the arguments advanced by learned counsel for the parties and on perusal of the record, appellant is in jail since 07.03.2019 and he

remained in jail during trial since 05.01.201 to 16.03.2012, this appeal is of year 2019 and it will take time to conclude due to COVID-19 but without

commenting anything on the merit of the case, the said I.A. No.23280/2019 is allowed. It is ordered that subject to payment of fine amount, if not

already deposited, the execution of jail sentence of the appellant-Sumesh shall remain suspended during the pendency of this appeal and he be

released on bail on his furnishing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like

amount to the satisfaction of the trial Court for his appearance before the trial court on 21.09.2020 and thereafter on all other such subsequent dates,

as may be fixed by the trial court in this regard.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further,

in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the

jail authority :-

The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before her release.

2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

3 . If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

List this matter for final hearing in due course.

C.C. as per rules.