Pankaj vs The State Of Madhya Pradesh
2021 Latest Caselaw 3242 MP

                                       1                      CRA No.4153/2020

         THE HIGH COURT OF MADHYA PRADESH
                       Criminal Appeal No.4153/2020
                          (Pankaj Vs. State of M.P.)
Indore, Dated: 13/07/2021
     Hearing through Video Conferencing.

      Mr. Dharmendra Tripathi, learned counsel for appellant.

      Mr. Shashwat Seth, learned Panel Lawyer for the respondent / State

of Madhya Pradesh.

Heard on IA No.8533/2020, first application under Section 389 (1) of

the Code of Criminal Procedure, 1973 for suspension of jail sentence and

grant of bail filed on behalf of appellant.

The present appellant has been convicted by the learned Special

Judge (under NDPS Act), Dhar District Dhar (MP) in Special Sessions Trial

No.1200001/2015 vide judgment dated 18th November, 2019 for offence

punishable under Section 8 (C) read with Section 20 (b) (ii) (B) of the

Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred

to as the Act) and sentenced to undergo rigorous imprisonment for four

years and pay fine of Rs.10,000/- with default stipulation.

Counsel for the appellant has submitted that the appellant was

arrested on 23.10.2014 and remained in custody from 23.10.2014 to

13.02.2015 and thereafter he is in jail from the date of the impugned

judgment (i.e. 18.11.2019) and thus out of total four years RI awarded to the

appellant, he already undergone almost twenty two months in incarceration

and final disposal of the appeal is likely to take sufficiently long time in the

wake of fresh spread of COVID-19.

Counsel for the respondent / State, on the other hand, has opposed the

prayer.

On due consideration of the rival submissions and on perusal of the

record as also the impugned judgment and taking note of the fact that the

appellant has been awarded total period of four years incarceration out of

which, he has already undergone more than half of the sentence so awarded

to him and in such circumstances, when the final disposal of the appeal is

likely to take sufficiently long time in the wake of fresh spread of COVID-

19, it would be expedient to allow the present application for grant of

suspension of jail sentence.

Accordingly, without expressing any opinion on merits of the case,

IA No.8533/2020 is allowed and it is directed that upon depositing fine

amount, if any, and on furnishing a personal bond by the appellant in the

sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his / her

regular appearance before concerned trial Court, the execution of the

custodial part of the sentence imposed against the appellant shall remain

suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his / her

presence before the concerned trial Court on 20.12.2021 and on all such

subsequent dates, as may be fixed by the concerned Court in this regard.

It is also observed that if the appellant (s) is found in any of the

criminal activities, after his release on bail / suspension of sentence, then the

present bail / suspension order shall stand cancelled without further

reference to this Court; and the State / prosecution will be free to arrest the

accused in the present case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Judge krjoshi

Digitally signed by KHEMRAJ JOSHI Date: 2021.07.13 18:03:41 +05'30'