Madhya Pradesh High Court
Bhagirath vs The State Of Madhya Pradesh on 23 August, 2021
Author: Vishal Mishra
1 CRA-4796-2021
The High Court Of Madhya Pradesh
CRA-4796-2021
(BHAGIRATH Vs THE STATE OF MADHYA PRADESH)
1
Gwalior, Dated : 23-08-2021
Heard through Video Conferencing.
Shri Jitendra Kumar Sharma, learned counsel, for the appellant.
Shri Alok Sharma, learned PL, for the respondent /State.
Heard on admission.
Being arguable, this appeal is admitted for final hearing.
Record of the trial court be called for.
Heard on I.A. No.24570/2021, an application under Section 389 (1) of
Cr.P.C for suspension of jail sentence on behalf of the appellant who stood
convicted by the judgment dated 09.08.2021 passed by Special Judge
(NDPS), Sheopur, in SC NDPS No.09/2019 under Sections 15(b) of NDPS
Act and sentenced to undergo RI for two years with fine of Rs.20,000/- with
default stipulation.
It is submitted by counsel for the appellant that the appellant is in jail
since 09.08.2021 and he remained in custody during trial and he has never
misused the liberty granted to him. This appeal is of the year 2021 and there is
no likelihood of this appeal being heard early. He further submits that the
appellant has already deposited the fine amount. Appellant is ready to abide
with all the conditions which may be imposed by this court while considering
this bail application. Hence, the appellant prayed for suspension of sentence
and grant of bail.
Per contra, learned counsel for State has opposed the application.
Heard learned counsel for the parties and perused the judgment.
Considering the overall facts and circumstances of the case and also
the period of custody of the appellant, but without commenting on the merits
of the case, this Court deems it appropriate to allow the application for grant
of suspension of sentence.
2 CRA-4796-2021
Accordingly, application for suspension of sentence is allowed.
Subject to verification of deposit of fine amount as imposed by the trial
court, jail sentence of appellant shall remained suspended till final disposal of
this appeal and the appellant is directed to be released on bail on furnishing a
personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent
sureties to the satisfaction of trial Court, for their appearance before Registry
of this Court on 15.12.2021 and thereafter on all subsequent dates as may be
fixed by the office.
T h e appellant is further directed to abide by all the terms and
conditions. He shall install Arogya Setu App in his mobile immediately and
would intimate his place of residence to the SHO of concerned Police
Station; where he resides. He shall further submit an undertaking to the effect
that he will abide by the terms and conditions of different circulars, orders as
well as guidelines issued by Central Government, State Government as well as
Local Administration for maintaining social distancing, hygiene etc to avoid
Novel Corona Virus (COVIC-19) pandemic.
I n view of the COVID-19, jail authorities are directed that before
releasing the appellant, medical examination of appellant shall be undertaken
by the jail doctor and on prima facie, if it is found that he is having the
symptoms of COVID-19, then consequential follow up action including the
isolation/quarantine or any test if required, be ensured, otherwise appellants
shall be released immediately on bail and shall be given a pass or permit for
movement to reach his place of residence.
E copy of this order be sent to the trial Court concerned for
compliance. It is made clear that E-copy of this order shall be treated as
certified copy for practical purposes in respect of this order.
Application stands disposed of. List this appeal for final hearing along
with the record in due course.
(VISHAL MISHRA)
JUDGE
LOKENDRA JAIN
2021.08.24
11:28:51 +05'30'
3 CRA-4796-2021
(LJ*)
