Shivam Kumar Sarawagi vs The State Of Madhya Pradesh
2021 Latest Caselaw 2096 MP

                                                         1                                   CRA-25-2020
                                The High Court Of Madhya Pradesh
                                            CRA-25-2020
                                    (SHIVAM KUMAR SARAWAGI Vs THE STATE OF MADHYA PRADESH)
                                                    CRA-11278-2019
                                            (MANAN Vs THE STATE OF MADHYA PRADESH)
                                                    CRA-11281-2019
                                 (SHADAB @ SHAHDAB AND OTHERS Vs THE STATE OF MADHYA PRADESH)



                      6
                      Jabalpur, Dated : 03-06-2021
                            Through Video Conferencing.
                            Shri Sanjeev Kumar Singh, counsel for the appellant in Cr.A. No.

                      11278/2019.
                            Shri Rahul Tripathi, counsel for the appellants in Cr.A. No.
                      11281/2019.
                            Shri Siddharth Datt, counsel for the appellant in Cr.A. No. 25/2020.
                            Shri Uttkarsh Agrawal, Panel Lawyer for the respondent/State.

Heard on I.A. Nos. 5374/2021, 6023/2021 and 1414/2021 filed on behalf of appellants Manan, Shadab @ Shahdab and Shivam Kumar Sarawagi for suspension of substantive jail sentence under Section 389 of Cr.P.C.

A l l the three appellants have been convicted by judgment dated 24/12/2019 by the Special Judge, N.D.P.S. Act Khandwa in Special Case No. 04/2018. The trial Court convicted the appellants for offence punishable under Section 8-C/21 (B) of N.D.P.S. Act and awarded R.I. for a period of three years with fine of Rs. 25,000/- with default stipulation.

I t appears from the record that all the three appellants have been confined in custody from the date of judgment. Previously, appellant Manan was under custody for a period of 09/11/2018 to 26/02/2019, Shivam was confined in custody since 07/11/2018 to 24/12/2019 and Shadab @ Shahdab was confined in custody since 09/11/2018 to 24/12/2019.

Therefore, it appears that substantive period of the sentence has been served by all the three appellants. The maximum punishment provided by the Signature SAN Not Verified trial Court is three years. This appeal will take sufficient time for final Digitally signed by VAIBHAV YEOLEKAR Date: 2021.06.03 17:34:45 IST 2 CRA-25-2020

decision. It also appears from para 91 of the judgment that the appellants having no any criminal background.

The State also has not pointed out any criminal case against the appellants.

Therefore, all the three applications are allowed. The substantive jail

sentence of aforesaid three appellants will be suspended subject to their furnishing a bail bond worth Rs. 50,000/- (Rupees fifty thousand only) each and a personal bond of the same amount to the satisfaction of the trial Court.

After releasing on bail, the appellants will appear before the Registry of

this Court on 15 th December, 2021 and thereafter on other subsequent dates as may be fixed by the Registry in this behalf.

I.A. No. 6019/2021 is also pending in Cr.A. No. 11281/2019 but counsel Shri Rahul Tripathi does not press the aforesaid I.A.

Therefore, the aforesaid I.A. is dismissed as not pressed. At the time of releasing the appellants from custody, all the instructions issued by the Government related to Covid-19 shall also be followed by the concerned authority.

With the aforesaid, all the three applications stand allowed and disposed of.

                                                                              (B. K. SHRIVASTAVA)
                                                                                   V. JUDGE


                      vy




Signature
 SAN      Not
Verified

Digitally signed by
VAIBHAV
YEOLEKAR
Date: 2021.06.03
17:34:45 IST