Narayan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9183 MP

Citation : 2021 Latest Caselaw 9183 MP
Judgement Date : 30 December, 2021

Madhya Pradesh High Court

Narayan Singh vs The State Of Madhya Pradesh on 30 December, 2021

Author: Rohit Arya

                                     1                               CRA-7730-2021
          The High Court Of Madhya Pradesh
                   CRA No. 7730 of 2021
                    (NARAYAN SINGH Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 30-12-2021
         Shri Sushil Goswami, learned counsel for the appellant.

         Shri Nitin Goyal, learned Panel lawyer for the respondent-State.

I.A. No. 33341/2021, is an application under Section 5 of the Limitation Act.

As per office note, appeal is within time.

I.A. is closed.

Further heard o n I.A.No.33323/2021, first application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of the appellant.

Appellant has been convicted under Section 8(b) r/w Section 20-B, (ii)

(b) of NDPS Act and sentenced to suffer 01 year and 06 months R.I with fine of Rs.2000/- with default stipulation vide judgment 10/06/2021 passed in Special Case (NDPS) No.31/2017 by the Special Judge (NDPS) Act Vidisha.

As per prosecution story, 03 kg ganja has been recovered from the

possession of the appellant. Accordingly, case has been registered against the accused person. After investigation, the case has been committed to the Court of trial. The trial Judge after carefully examining the evidence has convicted the appellant as referred above.

Learned counsel for the appellants submits that appellant is innocent and has been falsely implicated in the case. Out of total 01 year and 06 months, appellant has suffered 08 months jail incarceration (i.e. 03 months during trial and from 02/08/2021 till today). Fine amount has already been deposited. During trial he was on bail and did not misuse the liberty granted to him. Moreso, due to covid-19 pandemic, final disposal of the appeal is likely to take time. Under such circumstances,learned counsel prays that execution of the jail sentence of the appellant may be suspended and he may be enlarged on bail.

2 CRA-7730-2021 Per contra, learned Panel lawyer opposes the bail application and prayed for its rejection.

Upon perusal of the submissions advanced by learned counsel for the parties and looking to the fact that appellant has suffered 08 months jail incarceration out of 01 year and 06 months and fine amount has been

deposited, but without commenting upon the merits of the case, this Court is of the view that the application deserves to be and is hereby 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.1,00,000/- (Rupees One Lakh 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 his appearance before the Registry of this Court on 10/2/2022, and on further dates as may be directed by the Registry in that regard, with following further conditions:

(i) 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 appellant, his medical examination be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately.