Banshilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2347 MP

                                    1
                                                             CRA No.605/2017

         High Court of Madhya Pradesh, Jabalpur
                     Bench at Indore
             Criminal Appeal No.605/2017
Indore, Dated 14.06.2021
      Hearing through Video Conferencing.

      Shri Anil Ojha, learned counsel for appellant No.2 Gendi Bai

w/o Banshilal Banjara.

      Shri Sachin Jaiswal, learned Panel Lawyer for the respondent /

State of Madhya Pradesh.

As informed by the learned counsel for the respondent / State

that appellant No.1 Banshilal s/o Mangilal Banjara has died on

01.06.2021; and the appellant No.2 is in jail since last around 7 years 1

month and 24 days.

In view of the same, learned counsel for the appellant is directed

to delete the name of appellant No.1 within one week by filing an

appropriate application and amended page of the relevant page of the

criminal appeal.

Heard on IA No.13941/2021, a repeat (fourth) application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for temporary

suspension of jail sentence filed on behalf of appellant No.2 Gendi Bai

w/o Banshilal Banjara.

The present appellant has been convicted by the Special Judge

(under NDPS Act), Neemuch District Neemuch (MP) in Special

Sessions Trial No.21/2014 vide judgment dated 14 th February, 2017 for

offence punishable under Section 8 read with Section 18 (b) of the

CRA No.605/2017

Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after

referred to as the Act) and sentenced to undergo rigorous imprisonment

for ten years and pay fine of Rs.1,00,000/- with default stipulation.

Counsel for the appellant No.2 has prayed for temporary

suspension of jail sentence of appellant No.2 Gendi bai w/o Banshilal

Banjara to participate in the last rites of her husband (appellant No.1)

who has recently passed away.

Counsel for the respondent / State has opposed the prayer.

Having considered the rival submissions and on perusal of the

record and taking note of the fact that the appellant No.2 is in jail since

last 7 years 1 month and 24 days and the fact that her husband

(appellant No.1) has died on 01.06.2021 and also considering the fact

that appellant No.2 is aged around 61 years, it would be expedient to

allow the present application for suspension of jail sentence

temporarily for a period of two months only.

Accordingly, without expressing any opinion on the merits of

the case, IA No.13941/2020 is partly allowed and the jail sentence

awarded to the appellant is temporarily suspended for a period of two

months. It is directed that appellant No.2 Gendi Bai w/o Banshilal

Banjara shall be released on temporary bail for a period of two

months from the date of his / her release, subject to furnishing a

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

only) with one solvent surety in like amount to the satisfaction of the

CRA No.605/2017

concerned trial Court, with an undertaking that he / she will surrender

immediately after completion of two months from the date of his / her

release. This temporary bail / suspension order shall be subject to the

condition that the appellant shall submit an undertaking that he / she

shall surrender himself / herself on or before the expiry of two months

from the date of his / her release, failing which he / she shall be

arrested and taken into custody by the police to suffer the remaining

sentence under the written intimation to this Court, in accordance with

the law. It is made clear that the applicant shall surrender before the

trial Court on or before the expiry of the two months from the date of

his / her release. Failing which, the Police Authority is at liberty to

arrest the appellant without further reference to this Court.

It is made clear that after being released on bail, if the appellant

again indulges himself / herself in any criminal activity, the present

bail / temporary bail order shall stand cancelled without further

reference to the Court and the police shall be entitled to arrest the

appellant in the present case also.

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

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2021.06.15 17:40:47 +05'30'