Madhya Pradesh High Court
Ramkishore vs The State Of Madhya Pradesh on 18 August, 2021
Author: Rohit Arya
1 CRA-5735-2017
The High Court Of Madhya Pradesh
CRA-5735-2017
(RAMKISHORE Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 18-08-2021
Heard through Video Conferencing.
Shri S.K.Meena, learned counsel for the appellant.
Shri Chetan Jain, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.16386/2021, which is fourth application for
suspension of sentence filed on behalf of the appellant-Ramkishore. The
earlier applications for suspension of sentence have been dismissed as
withdrawn vide orders dated 06.07.2018, 02.01.2019 and 10.09.2020.
The appellant has been convicted under Section 8(C) read with
Section 20(b)(2)(c) 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 05.10.2010 (five 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 17:47:22 IST
2 CRA-5735-2017
total imprisonment of ten years. The quantity of contraband seized from the
appellant is 16 Kg.Ganja (commercial quantity is 20 Kg.). 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
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
Signature Not Verified
SAN
Digitally signed by REENA JOSEPH
Date: 2021.08.18 17:47:22 IST
3 CRA-5735-2017
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 17:47:22 IST
