Madhya Pradesh High Court
Mustkeem vs The State Of Madhya Pradesh on 6 August, 2020
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. No.3629/2018
( Mustkeem Vs. State of M. P. )
(1)
Gwalior, dated : 06.08.2020
Shri Ankur Maheshwari, Advocate for the appellant.
Shri Ravindra Singh Kushwah, Dy.Advocate General for the
respondent/State.
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.
Heard on I.A. No.9443/2020, which is the third application for suspension of sentence and grant of bail to appellant. First application for suspension of sentence (I.A.No.5147/2019) was dismissed as withdrawn vide order dt.19.11.2019. Second application for suspension of sentence (I.A.No.5339/2018) was dismissed as withdrawn vide order dt.12.03.2019.
This appeal has been preferred against the judgment dated 24.04.2018 passed by First Additional Sessions Judge, Sheopur in S.T.No.33/2016, whereby the appellant has been convicted under Section 498-A of IPC and sentenced to undergo R.I. for one year with fine of Rs.2,000/- and in default, additional imprisonment for two months, under Section 323 of IPC and sentenced to undergo R.I. for six months with fine of Rs.1,000/- and in default, additional imprisonment for one month and under Section 306 of IPC and sentenced to undergo R.I. for ten years with fine of Rs.5,000/- and in HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.3629/2018 ( Mustkeem Vs. State of M. P. ) (2) default, additional imprisonment for six months The prosecution story found to be proved is that on 09.03.2015, the daughter of the complainant was found dead inside her matrimonial home under suspicious circumstances.
Learned counsel for the appellant submits that appellant is the husband of the deceased. He had married with the deceased five years back. Out of the five years, deceased remained with her parents for four years and before the date of incident she had returned to matrimonial home. Her relations with the husband were strained. The allegation of impotency cannot be countenanced since at the time o death the deceased she was pregnant. It is also submitted that he has suffered three years out of the sentence awarded. It is further submitted that in view of COVID-19, outbreak detention of appellant in already congested prisons may be detrimental. It is also submitted that 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 the appellant be released on bail.
On the other hand, learned Dy.Advocate General appearing on behalf of the respondent/State opposes the aforesaid application and prays for its rejection.
An early hearing of this case is not possible. Taking into consideration the overall facts and circumstances of the case, the I.A. is allowed HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A. No.3629/2018 ( Mustkeem Vs. State of M. P. ) (3) It is, therefore, directed that if appellant Mustkeem furnishes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 27th November, 2020 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail. 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 and they shall also install Arogya Setu App (If not already installed) in the mobile phone.
Learned Dy.Advocate General 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.
(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2020.08.06 16:21:29 +05'30'