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Judgment
Heard on IA No.3048/2020, a fifth repeat application filed under section 389 Cr.P.C for suspension of sentence on behalf of appellant No.1 Amjad
Khan.
Appellants have been convicted and sentenced vide judgment dated 20.10.2010 passed by IVth A.S.J, Indore in Sessions Trial No.485/2005.
As per prosecution story, appellants along with others abducted Nitesh Nagori, aged about 20 years and demanded ransom money from Dilip Nagori.
He was recovered from the possession of Ismail and Amjad. Vide aforesaid judgment, learned trial Court has acquitted the accused Chandan Singh,
Kaushalendra Singh, Jogendar, Gaurav and Dhruv but convicted the present appellants and Manish and they have been sentenced to life under section
364-A of the IPC.
Learned counsel for the appellant No.1 submits that the appellant is in jail since last twelve years one month and eleven days. Appellant No.2 Idris
was granted bail by order dated 06.11.2017 upon completion of 12 years of imprisonment. The case of the present appellant is identical to the case of
Idris, therefore, he is also entitled for suspension of sentence because there is no possibility of final arguments of this appeal in near future.
Learned Govt. Advocate opposes the bail application by submitting that all the three connected appeals were listed for final hearing on 18.04.2018 but
no one appeared on behalf of the appellants to argue this appeal. Vide order dated 03.08.2018 again this Court has directed for listing this appeal for
final hearing on Saturday. Thereafter, the appellant has withdrawn IA No.2939/2018, a fourth repeat application for suspension of sentence.
It is not in dispute that the case of the appellant No.1 Amjad Khan and appellant No.2 Idris is identical. Appellant No.2 Idris has been enlarged on bail
after completion of 12 years. The appellant No.1 Amjad Khan has also completed 12 years and there is no possibility of early disposal of the appeal in
near future, therefore, in order to maintain parity, the application is allowed. It is directed that the jail sentence passed against the appellant No.1
Amjad Khan shall remain suspended and he be released on bail upon his depositing the fine amount (if already not deposited) and furnishing personal
bond in the sum of Rs.1,00,000/-(Rupees One Lakh) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance
before the Registry of this Court on 15.02.2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this
appeal.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID
-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
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