Ghasoti Lal @ Ghonsi vs The State Of Madhya Pradesh
2021 Latest Caselaw 1644 MP

                                    1
         THE HIGH COURT OF MADHYA PRADESH
                        Cr.A. No.7554/2019
               (Ghasotilal @ Ghonsi Vs. State of M.P.)

Jabalpur, Dated:-29/04/2021
      Shri Ajay Sen, learned counsel for the appellant.

      Shri Ramanuj Choubey, learned Panel Lawyer for the

respondent/State.

Heard on I.A.No.3470/2021, second application under Section

389(1) of Cr.P.C. for suspension of jail sentence moved on behalf of

the appellant - Ghasotilal @ Ghonsi.

This criminal appeal has been filed against the judgment dated

30/07/2019 passed by Special Judge (NDPS Act) Distt. Panna (M.P.)

in Spl. Case. (SC NDPS) No.2/2017 by which appellant has been

convicted as under:-

    Section         Imprisonment           Fine            In default
  8 read with          5 years RI       Rs.25,000/-       6 months RI
 20(B)(ii)(c) of
   NDPS Act

It is submitted by learned counsel for the appellant - Ghasotilal

@ Ghonsi that the appellant has been wrongly convicted by the trial

Court. There are lots of contradictions and omissions in the evidence

of the prosecution witnesses. Appellant has suffered total custody of

around 4 years & 5 months. This is second application on behalf of

the appellant for suspension of his jail sentence. Earlier application

was rejected on 01/10/2019. It is further submitted that fine amount

has already been deposited by the appellant. There is no possibility of

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.7554/2019 (Ghasotilal @ Ghonsi Vs. State of M.P.)

final hearing of this appeal in near future. Appellant is ready to abide

by any condition which may be imposed by this Court. Hence, prayed

to suspend the remaining jail sentence of the appellant. Appellant

further undertakes to abide by all the terms and conditions of

guidance, circulars and directions issued by Central Government,

State Government as well as Local Administration regarding measures

in respect of COVID-19 Pandemic and maintain hygiene in the

vicinity while keeping physical distancing.

Learned State counsel has vehemently opposed this repeat

application filed for suspension of jail sentence of the appellant and

prayed to reject the same.

Heard learned counsel for the parties and perused the material

documents available on record.

Considering the facts and circumstances of the case, without

commenting on merits of the case, the application (I.A. No.

3470/2021) is allowed and it is hereby directed that subject to deposit

of fine amount, if not already deposited, the remaining jail sentence of

the appellant Ghasotilal @ Ghonsi is hereby suspended and he be

released on bail on his furnishing personal bond of Rs.1,00,000/-

(Rupees One Lakh only) with one solvent surety of the like amount

to the satisfaction of the concerned Court. The appellant is further

directed to mark his appearance before the Office of this Court on

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.7554/2019 (Ghasotilal @ Ghonsi Vs. State of M.P.)

21/06/2021 and on subsequent dates given by the Office in this

regard, till final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are

directed that before releasing the appellant, his Corona Virus test shall

be conducted and if it is found negative, then the concerned local

administration shall make necessary arrangements for sending the said

appellant to his house, and if the test is found positive then the

appellant shall be immediately sent to concerning hospital for his

treatment as per medical norms. If the appellant is fit for release and if

he is in a position to make his personal arrangements, then he shall be

released. After release, the appellant is further directed to strictly

follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid-

19. If it is found that the appellant has violated any of the instructions

(whether general or specific) issued by the Central Govt./State Govt.

or Local Administration, then this order shall automatically lose its

effect, and the Local Administration/Police Authorities shall

immediately take him in custody and would send him to the same jail

from where he was released.

The appellant is further directed to inform the SHO of

concerned police station about his residential address in the said area

and it would be the duty of the State counsel to send E-copy of this

THE HIGH COURT OF MADHYA PRADESH Cr.A. No.7554/2019 (Ghasotilal @ Ghonsi Vs. State of M.P.)

order to SHO of concerned police station for information.

List the case for final hearing in due course.

E- copy of this order be sent to the Court below concerned for

compliance.

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

(Rajeev Kumar Shrivastava) Judge Shubhankar* SHUBHANKAR MISHRA 2021.04.29 14:21:27 +05'30'