Madhya Pradesh High Court
Samsher Dahiya vs The State Of Madhya Pradesh on 26 August, 2021
Author: Rajendra Kumar Srivastava
1 CRA-10647-2019
The High Court Of Madhya Pradesh
CRA-10647-2019
(SAMSHER DAHIYA Vs THE STATE OF MADHYA PRADESH)
14
Jabalpur, Dated : 26-08-2021
Heard through Video Conferencing.
Shri Upendra Kumar Tripathi, learned counsel for the appellant.
Shri Pradeep Sahu, learned P.L. for the respondent/State.
Heard on I.A. No.14729/2021, an application for extension of
temporary bail granted to the appellant-Samsher Dahiya vide order
dated 2.8.2021.
The appeal has been preferred under Section 374(2) of the
Cr.P.C.,1973 b y the appellant/accused against judgment dated
03.12.2019 passed by learned Special Judge (NDPS) Act Satna,
District-Satna (MP) in Special Case No. 1/2018 , by which the
appellant has been convicted for offence under Section 8 read with
Section 20 (b)(ii)(c) of NDPS Act. Default stipulation has also been
imposed by the trial Court.
Learned counsel for the appellant submits that since father of
appellant is suffering from heart disease and doctor opined for bypass
surgery of his father, therefore, in such circumstances, jail sentence of
appellant was temporarily suspended vide order dated 2.8.2021 and
appellant was released on temporary bail for the period of 15 days.
Accused/appellant could not arrange the amount within the stipulated
period, therefore, he could not admit his father in higher medical center,
but he mortgaged the immovable property for the purpose of collecting
amount for treatment of his father, an agreement has been executed in this
regard on 10.8.2021. The said period of temporary bail earlier granted to
the appellant has expired on 19.8.2021. At present, appellant has
surrendered before the trial Court. Therefore, appellant prays for
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.08.26 17:16:02 IST
2 CRA-10647-2019
extension of time of further one month for the purpose of treatment of his
father.
Learned P.L. for the respondent/State opposes the said application.
Considering the argument of both the parties and perused the
medical papers of the appellant's father filed along with the application,
accused/appellant could not arrange the amount within the stipulated
period, therefore, he could not admit his father in higher medical center,
but he mortgaged the immovable property for the purpose of collecting
amount for treatment of his father, an agreement has been executed in this
regard on 10.8.2021, but without expressing any opinion on the merits of
the case, this Court is inclined to release the appellant on temporary bail,
for further period of 20 days, for medical treatment of appellant's
father. Consequently, I.A. No.14729/2021 for extension of time is
allowed.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lakh Only) with two solvent sureties of the amount of
Rs.50,000/- each to the satisfaction of the trial Court, the remaining part
o f the substantive jail sentence imposed upon the appellant-Samsher
Dahiya shall remain temporarily suspended for further period of 20 days
and he shall be released on bail on temporary basis for a period of 20
days.
The appellant is directed to surrender before the trial Court within
2 0 days from the date of his release and thereafter the trial Court will
sent him to jail for serving the remaining part of the jail sentence.
In case, appellant fails to surrender before the trial Court within
the prescribed period, the trial Court will be free to adopt coercive
action against the appellant for securing his presence.
Signature Not Verified
SAN
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.08.26 17:16:02 IST
3 CRA-10647-2019
appellant shall also comply with the rules and norms of social distancing.
Further, in view of the order passed by the Hon'ble Supreme Court in
suo moto W.P.No.1/2020, it would be appropriate to issue the following
direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the
appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from
'Corona Virus disease'. For this purpose appropriate tests will be carried
out.
3 . If it is found that the appellant is suffering from 'Corona Virus
disease', necessary steps will be taken by the concerned authority by
placing him in appropriate quarantine facility.
List the matter after 15 days.
C.C. as per rules.
(RAJENDRA KUMAR SRIVASTAVA)
JUDGE
A.Praj.
Signature Not Verified
SAN
Digitally signed by ASHWANI PRAJAPATI
Date: 2021.08.26 17:16:02 IST
