Madhya Pradesh High Court

Girdharilal vs The State Of Madhya Pradesh on 12 August, 2021

Author: Rohit Arya

1                              Cr.A.No.8898/2019
                          (Girdharilal Vs. State of M.P.)

Indore : Dated 12.8.2021

      Shri Yogesh Kumar Gupta, learned counsel for the appellant.

      Shri Awdhesh Polekar, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.7774/2021, an application for grant of temporary

suspension of sentence.

Learned counsel for the appellant submits that the I.A.no.7774/2021

has rendered infructuous.

Accordingly, the same is dismissed as infructuous.

Also heard on I.A.No.5491/2020, an application for grant of

suspension of sentence.

The appellant has been convicted under Section 8/18(B) read with

Section 25 of NDPS Act and sentenced to undergo ten years RI with fine of

Rs.1,00,000/- with default stipulation, vide judgment dated 26.7.2019

passed by Special Judge (NDPS Act), Javad, District Neemuch in Special

S.T.No.103/2017.

It is submitted that learned trial Court has wrongly convicted the

appellant. The learned trial Court has not properly appreciated the evidence.

The appellant was in jail during trial since 8.1.2014 to 26.7.2019 i.e. date of

judgment and from the date of judgment i.e. 26.7.2017 till date. The

appellant has undergone the jail sentence for seven years and seven months

out of total imprisonment of ten years. Looking to the Covid-19 situation,

the disposal of appeal will take time, hence prayed for suspension of

execution of jail sentence. Reliance is placed on the judgment of Hon'ble

Supreme Court in the case of Food Inspector Vs. G.Satyanarayana,

(Girdharilal Vs. State of M.P.)

reported in (2006) 1 SCC 280 and Union of India Vs. Leen Martin and

Anr., reported in 2018 Cr.L.R.(SC) 252 to bolster his submissions.

The prayer is opposed by the learned Panel Lawyer.

At this stage, learned counsel for the applicant, on instructions

graciously and voluntarily submits that looking to grave critical social

economic condition of poor persons living in old age homes, Vidhwa

Ashrams or orphans living in orphanage and due to outbreak of Covid-19

Pandemic, the applicant is prepared to deposit a sum of Rs.2,50,000/-

(Rs.Two Lac Fifty Thousand only) in the office of Jila Bal Sarakshan

Samiti, Alirajpur(State Bank of India Account No.3195613178, IFSC

Code SBIN0030047) for the purpose of providing basic amenities,

clothing, food/food items and other essential amenities required for old age

people living in old age homes, vidhwas living in vidhwa aashrams or

orphans living in orphanage in the city in dire need of such

amenities/facilities and also to the sufferers of Covid-19 Pandemic as well as

providing facility of bio gas plant (Gobar Gas) to poor villagers,

agriculturists for enabling them to avail the LPG gas for domestic purpose,

so also for providing basic amenities (i.e. shed, chairs, lights, water cooler

with RO, Ceiling Fans etc.) in District Jail, Alirajpur where advocates and

relatives meet the prisoners for consultation discussions etc.. However, the

aforesaid deposit of amount may not influence the pending trial but is only,

for enlargement of applicant on bail.

Taking into consideration that the appellant has served the jail

sentence for seven years and seven months, the disposal of appeal will take

time, the application is allowed. It is directed that the jail sentence of the

(Girdharilal Vs. State of M.P.)

appellant shall remain suspended and he be released on bail subject to

depositing the fine amount and on his furnishing a personal bond in the sum

of Rs.5,00,000/- (Rs.Five Lac only) with one solvent surety in the like

amount to the satisfaction of the trial Court. The appellant is directed to

appear before the Registry of this Court on 25.10.2021 and on other

subsequent dates as may be fixed in this behalf with following further

conditions:-

(i) the applicant shall prepare a demand draft for Rs.2,50,000/- (Rs.two lakh fifty thousand only) in the office of Jila Bal Sarakshan Samiti, Alirajpur(State Bank of India Account No.3195613178, IFSC Code SBIN0030047) to be utilized for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in Vidhwa Aashrams and orphans living in orphanage in the city of Alirajpur in dire need of such amenities/facilities and also to the sufferers of Covid-19 Pandemic in the city of in dire need of such amenities/facilitiesas well as providing facility of bio gas plant (Gobar Gas) to poor villagers, agriculturists for enabling them to avail the LPG gas for domestic purpose, so also for providing basic amenities (i.e. shed, chairs, lights, water cooler with RO, Ceiling Fans etc.) in District Jail, Alirajpur where advocates and relatives meet the prisoners for consultation discussions etc and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant in any manner whatsoever.

(ii)(a) the applicant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii)(b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(Girdharilal Vs. State of M.P.)

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Alirajpur is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID- 19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(v) It is hereby directed that the Collector, Alirajpur shall release the amount for purchase of aforesaid mentioned items to be requisitioned by Jail Superintendent, Alirajpur.

(vi) That the Superintendent of Jail shall furnish the details of expenditure made fro providing facilities as ordered with proper receipts etc before the Principal Registrar of High Court of Madhya Pradesh Indore Bench.

(vii) In future, if the applicant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this Court, this bail order shall stand cancelled automatically.