Mangilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 4254 MP

Citation : 2021 Latest Caselaw 4254 MP
Judgement Date : 12 August, 2021

Madhya Pradesh High Court

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

Author: Rohit Arya

1                            Cr.A.No.5006/2017
                    (Mangilal and others Vs. State of M.P.)

Indore : Dated 12.8.2021

      Shri Anil Ojha, learned counsel for the appellant No.2 -

Ishwarlal and appellant No.3 - Sanjay.

      Shri   Awdhesh      Polekar,    learned     Panel       Lawyer   for   the

respondent/State.

Heard on I.A.No.5721/2021, an application for suspension of

sentence on behalf of the appellant No.2 - Ishwarlal and appellant

No.3 - Sanjay.

The appellants have been convicted under Section 8/15(Kha) of

NDPS Act and sentenced to undergo ten years RI with fine of Rs.1,00,000/-

and under Section 8/15 of NDPS Act and sentenced to undergo ten years RI

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

13.10.2017 passed by Addl.Sessions Judge (Special Judge), Jaora, District

Ratlam in Special S.T.No.6/2015.

It is submitted that learned trial Court has wrongly convicted the

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

The appellant No.2 - Ishwarlal was in jail during trial since 9.5.2015 to

7.2.2015 and 24.3.2017 to 13.10.2017 (843 days) and from the date of

judgment i.e. 13.10.2017 till date. The appellant No.3 - Sanjay was in jail

during trial since 9.5.2015 to 28.2.2015 and 28.3.2017 to 13.10.2017 (799

days) and from the date of judgment i.e. 13.10.2017 till date. The appellants

have undergone the jail sentence for more than five years out of total

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

(Mangilal and others Vs. State of M.P.)

of appeal will take time, hence prayed for suspension of execution of jail

sentence.

The prayer is opposed by the learned Panel Lawyer.

At this stage, Shri Ojha, learned counsel for the appellants, 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, the appellants

No.2 and 3 are prepared to deposit a sum of Rs.1,00,000/- (Rs.One Lac

only) each in the office of Jila Bal Sanrakshan Samiti, Ratlam (Account

No.31863593860 State Bank of India IFSC code SBIN0030437) 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 of Ratlam in dire need of such amenities/facilities. However, the

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

only, for enlargement of appellants on bail.

Taking into consideration that the appellants have served the jail

sentence for more than five years, the disposal of appeal will take time, the

application is allowed. It is directed that the jail sentence of the appellants

shall remain suspended and they be released on bail subject to depositing the

fine amount and on each of them furnishing a personal bond in the sum of

Rs.1,00,000/- (Rs.One Lac only) with separate solvent sureties in the like

amount to the satisfaction of the trial Court. The appellants No.2 and 3 are

(Mangilal and others Vs. State of M.P.)

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 concerned jail authorities are directed that before releasing the appellants, the medical examination of the appellants be conducted through the jail doctor and if it is prima facie found that they are 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 appellants 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 their place of residence;

(ii) the appellants shall prepare a demand draft for Rs.1,00,000/- (Rs.One Lac only) each in the office of Jila Bal Sanrakshan Samiti, Ratlam (Account No.31863593860 State Bank of India IFSC code SBIN0030437) 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 Ratlam in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the appellants;

(ii)(a) the appellants shall submit the original demand drafts alongwith copy of the order passed today through their 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.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Ratlam is also directed to

(Mangilal and others Vs. State of M.P.)

maintain a separate account (for production of the record as and when directed for).