Munnibai vs The State Of Madhya Pradesh
2021 Latest Caselaw 1631 MP

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                                                                                       CRA No.364/2021

               High Court of Madhya Pradesh, Jabalpur
                           Bench at Indore
             Criminal Appeal No.364/2021
Indore, Dated 28.04.2021
         Hearing through Video Conferencing.

         Mr. Pratik Jain, learned counsel for appellant Munnibai w/o

Ramswaroop.

         Ms. Geetanjali Chourasia, learned Panel Lawyer for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal appeal filed under Section 374 (2) of the Code of

Criminal Procedure, 1973 is admitted for final hearing.

No separate notice is required to be issued to the respondent /

State.

Also heard on IA No.579/2021, first application under Section

389 (1) of the Code of Criminal Procedure, 1973 for suspension of

jail sentence and grant of bail filed on behalf of the appellant.

The present appellant has been convicted and sentenced by

learned Special Judge (under NDPS Act), Rajgarh, District Rajgarh

Biaora (MP) in Special Sessions Trial No.08/2014 vide judgment

dated 10th December, 2020, as under: -

               Conviction                                  Sentence
     Section            Act                RI        Fine amount      Imprisonment in lieu of fine
   8 r/w 20     NDPS Act, 1985   2 years            Rs.10,000/-       3 months RI

Counsel for the appellant has submitted that the appellant has

CRA No.364/2021

already served the jail sentence of 306 days, as per certificate dated

10.12.2020 issued by the Special Judge under Section 428 of the

Code of Criminal Procedure, 1973 and thereafter he is jail since

13.10.2020. It is further submitted that there are fair chances of

success in the appeal. In the wake of fresh spread of COVID-19,

there is no possibility of early disposal of this appeal in near future

and if the sentence is not suspended, then the present appeal filed by

the appellant may turn infructuous. Under these circumstances and

looking to the short sentence imposed on the appellant, counsel for

the appellant prays for suspension of jail sentence of the appellant

and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out

for releasing the appellant on bail; hence the application filed by the

appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of

the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.579/2021 is allowed and it is directed that on furnishing

a personal bond by the appellant in the sum of Rs.50,000/- (Rupees

fifty thousand only) with a solvent surety in the like amount to the

CRA No.364/2021

satisfaction of the learned trial Court, for his / her regular appearance

before concerned trial Court, the execution of the custodial part of

the sentence imposed against the appellant shall remain suspended,

till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 28.07.2021 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard, with a further condition if the appellant has not already

served out the entire sentence.

It is also observed that after his release on bail, if the applicant again indulges in any criminal activity, the present order shall stand automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.04.29 14:10:58 +05'30'