Madhya Pradesh High Court
Jardar @ Jordar vs The State Of Madhya Pradesh on 16 August, 2021
Author: Rohit Arya
1 CRA-1439-2021
The High Court Of Madhya Pradesh
CRA-1439-2021
(JARDAR @ JORDAR Vs THE STATE OF MADHYA PRADESH)
4
Indore, Dated : 16-08-2021
Shri Shyamlal Patidar, learned counsel for the appellant.
Shri A. Polekar, learned Panel Lawyer for the respondent-State.
Heard through Video Conferencing.
Heard on I.A.No.14176/2021, second repeat application under section
389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on
behalf of the appellant Jardar @ Jordar.
The present appellant has been convicted under section 8(c)/20 (b)(2)
(b) of NDPS Act and sentenced to suffer rigorous imprisonment of 5 years
with the fine of Rs.20,000/- with default stipulation vide judgment dated
15/02/2021 passed in SPL (NDPS) No.200003/2012 by the Special Judge
(NDPS Act), West Nimar, Mandleshwar.
As per prosecution story, the appellant was found to be in
unauthorized possession of 8 k.g. (20 K.g.Commercial quantity) of Ganja.
Learned counsel for the appellant submits that appellant is innocent and
has been falsely implicated in the case. Appellant remained in custody from
27.04.2012 to 13.08.2012(during trial) and from the date of judgment i.e. 15th
Fabruary, 2021 till today, he is in jail. As such, appellant has suffered jail
incarceration for about 9 months 17 days. Appellant has no criminal
antecedents. During trial, he remained on bail and did not misuse the liberty
granted to him. Due to the Covid-19 pandemic, final disposal of the appeal
shall take time. On these grounds, learned counsel prays that execution of the
jail sentence of the appellant may be suspended and he may be enlarged on
bail.
Per contra , learned Panel Lawyer opposes the bail application and
prayed for its rejection.
Signature Not Verified
SAN Considering the facts and circumstances of the case and submission of
Digitally signed by VIBHA PACHORI
Date: 2021.08.17 10:29:24 IST
2 CRA-1439-2021
learned counsel for the parties but, without expressing any opinion on merits
o f the case, this Court is of the view that the application deserves to be
allowed.
Consequently, I.A. is hereby allowed and it is directed that execution
of jail sentence of the appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal
bond in the sum o f Rs.1,00,000/- (Rupees One Lakhs Only) with one
solvent surety in the like amount to the satisfaction of the Trial Court and
also subject to deposit of the fine amount (if not already deposited) for
appearance before the Registry of this Court on 15.11.2021, and on further
dates as may be directed by the Registry in that regard, with following further
conditions:
(i) the appellant will abide by the terms and conditions of various
circulars and orders issued by the Government of India and the State
Government as well as the local administration from to time in the matter of
maintaining social distancing, physical distancing, hygiene, etc., to avoid
proliferation of Novel Corona virus (COVID-19);
(ii) 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.
Learned Panel Lawyer is directed to send an e-copy of this order to all
the concerned including the concerned Station House Officer of the police
station for information and necessary action.
List in due course.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
Signature Not Verified
SAN
Vibha
Digitally signed by VIBHA PACHORI
Date: 2021.08.17 10:29:24 IST
3 CRA-1439-2021
Signature Not Verified
SAN
Digitally signed by VIBHA PACHORI
Date: 2021.08.17 10:29:24 IST
