Madhya Pradesh High Court
Kailash Kumar @ Kailash Dwivedi vs The State Of Madhya Pradesh on 14 June, 2021
Author: Sanjay Dwivedi
1 CRR-1318-2021
The High Court Of Madhya Pradesh
CRR-1318-2021
(KAILASH KUMAR @ KAILASH DWIVEDI Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 14-06-2021
Heard through Video Conferencing.
Shri Alok Kumar Gupta, learned counsel for the applicant.
Shri Sharukh Riyaz, learned Panel Lawyer for the respondent/State.
For the reasons mentioned I.A. No.8408/2021, the same is allowed.
The applicant is exempted from filing certified copy of the impugned orders
dated 26.02.2021.
Heard on the question of admission.
Perused the impugned judgment.
Revision appears to be arguable, therefore, it is admitted for final
hearing.
Record of the Court below be called for.
Also heard on IA No.8412/2021, which is an application under Section
397(1) of the Code of Criminal Procedure for suspension of sentence and
grant of bail to the applicant.
This revision is against the judgment dated 26.02.2021 passed in Cr.A
No.57/2017 by the Additional Judge to the Court of Additional Sessions
Judge, Beohari, District Shahdol whereby the applicant has been convicted
for the offence punishable under Section 20(b)(II)(A) of the Narcotic Drugs
and Psychotropic Substances Act, 1985 and sentenced thereunder to suffer
R.I. for six months with a fine of Rs.500/- with default stipulation.
Learned counsel for the applicant submits that the applicant is in jail
since 17.05.2021. He further submits that the applicant is ready to abide by
the conditions imposed by the Court, if bail is granted to him. He further
submits that the final hearing of the revision will take a long time and if the
applicant remains in jail, the purpose of filing this revision would be
frustrated.
2 CRR-1318-2021
Learned counsel for the respondent/State has opposed the application
for suspension of sentence.
Considering the aforesaid and taking note of period of sentence
awarded to the applicant, I am inclined to consider and allow the application.
Accordingly, I.A. No.8412/2021 is allowed.
It is directed that on applicant's depositing the entire fine amount, if not
deposited, his remaining jail sentence shall remain suspended and he shall be
released on bail upon his furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) with a surety bond of like
amount to the satisfaction of trial Court concerned for his appearance before
the registry of this Court on 20.12.2021 and on such other dates as may be
fixed by it in this regard.
The jail authority is also directed to ensure that before his release, the
applicant is examined by the jail doctor to ascertain that he is not afflicted
with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall
be referred to the appropriate hospital for further management as per the
protocol laid down by the State. In the event the jail doctor is of the opinion
that the applicant can be released, then he shall be released.
List in due course.
Certified copy as per rules.
(SANJAY DWIVEDI)
JUDGE
ac/-
ANIL CHOUDHARY
2021.06.15
10:53:57 +05'30'
