Madhya Pradesh High Court
Surajpal vs The State Of Madhya Pradesh on 24 February, 2021
Author: Rohit Arya
1 CRA-1343-2016
The High Court Of Madhya Pradesh
CRA-1343-2016
(SURAJPAL Vs THE STATE OF MADHYA PRADESH)
17
Indore, Dated : 24-02-2021
Ms. Shraddha Dixit, learned counsel for the appellant.
Shri R.K. Shastri, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.582/2021, third application under Section 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of
appellant.
The appellant has been convicted under Section 8/18(b) of Narcotic
Drugs and Psychotropic Substances Act and sentenced to undergo ten years
RI with fine of Rs.1,00,000/- with default stipulation, vide judgment dated
23.07.2016 passed by Special Judge under NDPS Act,District Neemuch in
Special Trial No.20/11.
As per prosecution story, appellant was found to be in illegal
possession of 5 k.g. Opium. Accordingly, case has been registered against
the present appellant.
Learned counsel for the appellant submits that the present appellant is
innocent and he has been falsely roped in the offence. The learned trial Court
has not properly appreciated the evidence. The appellant is in jail since
23.08.2011. He has suffered jail incarceration for nine years and five months.
The disposal of appeal will take time, hence prayed for suspension of
execution of jail sentence.
The prayer is opposed by the learned Panel Lawyer.
Taking into consideration that the appellant has suffered jail
incarceration for nine years and five months and is in custody since
23.08.2011, the disposal of appeal will take time, subject to depositing the
fine amount, the application is allowed. It is directed that the jail sentence of
the appellant-Surajpal shall remain suspended and he be released on bail
Signature Not Verified
SAN
subject to furnishing personal bond in the sum of Rs.7,50,000/- (Rs.Seven
Digitally signed by Vibha Pachori
Date: 2021.02.24 18:47:24 IST
2 CRA-1343-2016
Lacs 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 4.5.2021 and on other subsequent dates as may be
fixed in this behalf with following further conditions. :-
(i) the concerned jail authorities are directed that before releasing
the appellants, the medical examination of the appellants 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. If not, the appellants shall be released on bail in
terms of the conditions imposed in this order and shall also be given
pass or permit for movement to reach his place of residence;
(ii) violation of conditions, State is free to apply for cancellation
of bail.
Accordingly, the IA stands disposed of.
List in due course.
E-Certified copy as per rules.
(ROHIT ARYA)
JUDGE
Vibha
Signature Not Verified
SAN
Digitally signed by Vibha Pachori
Date: 2021.02.24 18:47:24 IST
