Narendra Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 8175 MP

                                            1             Cr.A. 5996.2021

                 The High Court of Madhya Pradesh
                          Cr.A. 5996-2021
                (Narendra Sharma Vs. State of M.P.)
Gwalior dated 03.12.2021

       Shri Pawan Singh Raghuvanshi, learned counsel for appellant.

       Shri   Pramod      Pachori,    learned   Public     Prosecutor    for

respondent/State.

Heard on admission.

Appeal is admitted for hearing.

Also Heard on I.A.No.29975/2021, first application

under section 389(1) Cr.P.C., seeking suspension of sentence and grant

of bail filed on behalf of the appellant.

The present appellant has been convicted under Section 8 r/w 20

(ii) (B) of Narcotic Drugs and Psychotropic Substances Act, 1985 and

sentenced to suffer rigorous imprisonment of one year with the fine of

Rs.2000/- with default stipulation vide judgment dated 27.09.2021

passed in Special Case No. 25/2018 (NDPS) by the Special Court,

N.D.P.S. Act, Vidisha (M.P.).

Learned counsel for the appellant submits that appellant is

innocent and he has been falsely roped in the offence. This is the first of

offence of the appellant under the NDPS Act. The appellant has

suffered the jail incarceration for about three months out of total

imprisonment of one year. The appellant was found in possession of

1.200 Kg. of 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 Public Prosecutor.

Taking into consideration that the appellant has suffered jail

incarceration for about three months, the seized contraband is less than 2 Cr.A. 5996.2021

commercial quantity, the disposal of appeal will take time, the

application is allowed.

It is directed that execution of jail sentence of the appellant shall

remain suspended during pendency of this appeal and he shall be

enlarged on bail subject to furnishing personal bond in the sum of

Rs.1,50,000/- (Rupees One Lac Fifty Thousand Only) with one

solvent surety in the like amount to the satisfaction of the Trial Court

and also subject to deposit of the fine amount (if not already deposited)

for appearance before the Registry of this Court on 16.01.2022, and on

further dates as may be directed by the Registry in that regard, 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 to time in the

matter of maintaining social distancing, physical distancing, hygiene,

etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) 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.

Accordingly, the IA stands disposed of.

E-certified copy as per rules.

YOGENDR
A OJHA                                                  (Rohit Arya)
2021.12.0                                                   Judge
4 11:10:28   ojha

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