Dashrath vs The State Of Madhya Pradesh
2021 Latest Caselaw 2294 MP

HIGH COURT OF MADHYA PRADESH

Cri. Appeal No.1701/2021

(Dashrath Versus State of M.P. )

THROUGH : VIDEO CONFERENCING

Jabalpur, Dated 11.06.2021

Shri Sanjayram Tamrakar, Advocate for the

appellant.

Shri Ayur Jain, learned PL for the State.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on IA No.4123/2021, an

application for suspension of sentence and grant of

bail to the appellant.

The appellant has been convicted under

Section 8 read with Section 21-B of NDPS Act and

sentenced to two years' R.I.and fine of Rs.3000/-

with default stipulation in Special (NDPS) Case

No.16/2019 by Special Judge,NDPS Act,

Narsinghpur vide judgment dated 02.03.2021.

It is submitted by learned counsel for the

appellant that out of two years' R.I., the appellant

has already suffered 19 months' jail sentence. It is

prayed that looking to the present Covid-19

situation, the appeal would take considerable time

to dispose of finally, hence remaining jail sentence

of appellant may be suspended and he may be

released on bail.

The aforesaid fact that the appellant has

already suffered jail sentence of about 19 months

has not been disputed by learned PL for the State.

Considering that the appellant has completed

a major part of his jail sentence and the fact that

looking to the present scenario of Covid-19

pandemic, final hearing of appeal will not be

possible in near future, this application is allowed.

Remaining jail sentence of the appellant is

hereby suspended and it is directed that subject to

depositing the fine amount and furnishing the

personal bond in the sum of Rs. 50,000/- (Rs. Fifty

Thousand Only) with one surety in the like amount

to the satisfaction of the trial Court concerned, the

appellant shall be released on bail with a further

direction to appear before the Registry of this Court

firstly on 7th February,2022 and also on such other

dates as may be fixed by the Registry in this regard

during pendency of this appeal.

A typed copy of this order be forwarded by the

Registry to the Office of the Advocate General and

learned Panel Lawyer, on their respective e-mail

addresses, for compliance. The office is also

directed to forward a copy of this order to the

learned Court below.

List the appeal for final hearing in due course.

Certified copy/e-copy as per rules/directions.

(Nandita Dubey) Judge.

jk.

Digitally signed by JITIN KUMAR CHOURASIA Date: 2021.06.11 14:03:47 +05'30'