Laxminarayan vs The State Of Madhya Pradesh
2021 Latest Caselaw 4476 MP

                                                                        1                CRA-3609-2021


                                                The High Court Of Madhya Pradesh

                                                               CRA-3609-2021
                                                   (LAXMINARAYAN Vs THE STATE OF MADHYA PRADESH)


                                   Indore, Dated : 18-08-2021
                                        Heard through Video Conferencing.

                                         Shri Abhishek Rathore, learned counsel for the appellant.

                                         Shri Chetan Jain, learned Panel Lawyer for the respondent/State.

Heard on I.A.No.17806/2021, an application for suspension of

sentence filed on behalf of the appellant-Laxminarayan.

The appellant has been convicted for offence under Section 8/18 of

the NDPS Act and sentenced to undergo two years RI with fine of

Rs.50,000/- with default stipulation, vide judgment dated 09.04.2021 passed

by learned Special Sessions Judge (NDPS) Act Neemuch, District Neemuch

in S.T.No.18/2017.

The appellant was found in possession of 1Kg 900 grams of Opium.

Learned counsel for the appellant submits that appellant is innocent

and he has been falsely implicated in the offence. The appellant has already

undergone a period of 1 year 4 months and 10 days jail incarceration. Due

to the Covid-19 pandemic, final disposal of the appeal shall take time. On

these grounds, learned counsel prays that execution of jail sentence of the

appellant may be suspended and he be enlarged on bail.

Signature Not Verified
  SAN




Digitally signed by REENA JOSEPH
Date: 2021.08.18 17:47:22 IST
                                                                          2                CRA-3609-2021

Learned Panel Lawyer opposes the bail application and prays for its

rejection.

Considering the facts and circumstances of the case and submission

of learned counsel for the parties but, without expressing any opinion on

merits of the case, I am of the view that the application deserves to be

allowed.

Consequently, I.A. No.17806/2021, 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 be enlarged on bail subject

to his furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty

thousand 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 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 time to time in the matter of

maintaining social distancing, physical distancing, hygiene, etc, to avoid

proliferation of Novel Corona virus(COVID-1);

(i) the concerned jail authorities are directed that before releasing the

appellant, the medical examination of the appellant be conducted through

Signature Not Verified SAN

Digitally signed by REENA JOSEPH Date: 2021.08.18 17:47:22 IST 3 CRA-3609-2021

the jail doctor and if it is prima facie found that he is having any symptoms

of COVID-19 , then the consequential follow up or any further test required

be undertaken immediately.

Learned Panel Lawyer is directed to send e-copy of this order to all

the concerned including the concerned Station House Officer of the Police

Station for information and necessary action.

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