Madhya Pradesh High Court
Anad vs The State Of Madhya Pradesh on 18 August, 2021
Author: Rohit Arya
1 CRA-271-2018
The High Court Of Madhya Pradesh
CRA-271-2018
(ANAD AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 18-08-2021
Heard through Video Conferencing.
Shri Sanjay Kumar Sharma, learned counsel for the appellant.
Shri Chetan Jain, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.20072/2021, which is third application for
suspension of sentence filed on behalf of the appellant no.2-Chandan. The
first application for suspension of sentence has been dismissed vide order
dated 26.08.2019 and second application for temporary suspension of
sentence was allowed vide order dated 18.10.2019.
The appellant has been convicted under Section 8/20-B of NDPS Act
and sentenced to undergo ten years RI with fine of Rs.1,00,000/- with
default stipulation, vide judgment dated 8.11.2017 passed by Special Judge
(NDPS Act), West Nimar Mandleshwar in Special Case NDPS No.10/2010.
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 from 14.5.2010 to 28.09.2010 (four months)
during trial and from the date of judgment i.e. 8.11.2017 up-till today. The
appellant has undergone the jail sentence for more than five years out of
Signature Not Verified
SAN
Digitally signed by REENA JOSEPH
Date: 2021.08.18 17:47:15 IST
2 CRA-271-2018
total imprisonment of ten years. The quantity of contraband seized from the
appellant is 15 Kg.Ganja (commercial quantity is 20 Kg.). He further
submits that the appellant has been granted temporary suspension by this
Court on 18.10.2019 on the ground of his father's death. He also submits
that appellant no.1-Anand has already been granted suspension vide order
dated 16.6.2021. Looking to the Covid-19 situation, the disposal of appeal
will take time, hence prayed for suspension of execution of jail sentence.
The prayer is opposed by the learned Panel Lawyer.
Taking into consideration that the appellant has served the jail
sentence for more than four years, the disposal of appeal will take time,
subject to depositing the fine amount, the application is allowed. It is
directed that the jail sentence of the appellant shall remain suspended and
he be released on bail on his furnishing a personal bond in the sum of
Rs.2,00,000/- (Rs.Two Lacs 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 08.11.2021 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
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
Signature Not Verified
SAN
Digitally signed by REENA JOSEPH
Date: 2021.08.18 17:47:15 IST
3 CRA-271-2018
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;
(ii) violation of conditions, State is free to apply for cancellation of
bail.
Accordingly, the IA stands allowed and disposed of.
(ROHIT ARYA)
JUDGE
RJ
Signature Not Verified
SAN
Digitally signed by REENA JOSEPH
Date: 2021.08.18 17:47:15 IST
