Vashid Khan vs State Of M.P.

 In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

I.A. No. 4403/2020, an application for urgent hearing is taken up, considered and allowed for the reasons mentioned therein.

Heard on I.A. No. 4402/2020, which is third application for suspension of sentence and grant of bail to appellant. First application was dismissed as

withdrawn vide order dated 21/11/2019 and second interim application for suspension of sentence was allowed vide order dated 24/01/2020 and after

completion of the period the appellant has surrendered before the court below.

This appeal has been preferred against the judgment dated 05/08/2019 passed by 7th Additional Sessions Judge, District Guna (M.P.) in S.T No.

54/2019 whereby the appellant has been convicted under Sections 392 of the IPC and sentenced to suffer Five years RI and fine of Rs. 2000/- with

default stipulation.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case. It is submitted that if released on bail,

there is no possibility of his absconsion. Attention has also been invited to the guidelines issued to all the States and Union Territories by the Apex

Court for de-congesting the prisons in suo motu W.P. (C) No. 1/2020 (IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS) to consider

release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less by constituting a

High Powered Committee. It is further submitted that there are omissions and contradictions in the evidence of the prosecution witnesses. It is further

submitted that prosecution has not examined any independent witness, but only interested witnesses and relatives of the complainant have been

examined. There are fair chances of success of this appeal and the appeal may take long time for its conclusion and the appellant cannot be kept in

custody for an unlimited period. Under these circumstances, the execution of sentence be suspended and he be released on bail.

On the other hand, learned counsel appearing on behalf of the respondent opposes the application for suspension of sentence and grant of bail to

appellant.

At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs. 5,000/- (Rs. Five Thousand Only) in Prime Minister

Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund).

An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. No. 4402/2020 is

allowed

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of

Rs.50,000/-(Rupees fifty thousand only) with a local surety of the like amount to the satisfaction of trial Court for his appearance before the

Registry of this Court on 10th December, 2020 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to

him shall remain suspended till further orders and he shall be released on bail.

It is made clear that benefit of suspension shall be extended to the appellant only on depositing an amount of Rs. 5,000/- (Rupees Five Thousand

Only) in Prime Minister Citizen Assistance and relief in Emergency Situation Fund (PM Cares Fund). The appellant shall submit an attested

photocopy of the receipt before the concerning Court, for placing the same on record of this case. The appellant shall also furnish a written

undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government

and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

The appellant shall also install Aarogya Setu App (if not already installed) in his mobile phone.

Learned Panel Lawyer is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and

necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible by the office of this Court.

Certified copy/e-copy as per rules/directions.