Shahrukh Mansoori vs The State Of Madhya Pradesh
2021 Latest Caselaw 2395 MP

                                   1                                CRA-9222-2019
        The High Court Of Madhya Pradesh
                   CRA-9222-2019
               (SHAHRUKH MANSOORI Vs THE STATE OF MADHYA PRADESH)

18
Jabalpur, Dated : 15-06-2021
      Heard through Video Conferencing.
      Mr. M. Shafiqullah, Advocate for the appellant.
      Mr. Jubin Prasad, Panel Lawyer for the respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Heard on I.A. No.10222/2021 which is a second application for suspension of sentence and grant of bail to the appellant.

Vide impugned judgment dated 30.09.2019 passed by the Special Judge, NDPS Act, Chhataur, in Special Case No.05/2015, the appellant has been convicted for the offence punishable under Section 20(b)(ii)(c) in violation of Section 8-C of the NDPS Act and sentenced thereunder to suffer R.I. for ten years with fine of Rs.1,00,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is in jail since 12.08.2015. He further submits that the appellant's first application for

suspension of his jail sentence has been dismissed as withdrawn vide order dated 07.12.2020 for the reason that on the said date, he had not suffered half of his awarded jail sentence. He submits that after rejecting the appellant's application for suspension of his jail sentence, other co-accused persons facing the similar allegations have been enlarged on bail on the ground that they have suffered more than half of their jail sentence. He submits that the appellant has also suffered five years and ten months of his jail sentence which is more than half of his awarded jail sentence, therefore, considering the appellant's custody period, he may be enlarged on bail.

On the other hand, learned Panel Lawyer has opposed the prayer made by learned counsel for the appellant.

Considering the fact that that the other co-accused persons have 2 CRA-9222-2019 already enlarged on bail and also the fact that the appeal would take time to be heard finally, I am inclined to enlarge the appellant on bail. Accordingly I.A. No.10222/2021 is allowed.

It is directed that on appellant's depositing the entire fine amount, if not deposited, as also furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the

satisfaction of the trial Court for his appearance before the Registry of this Court on 20.12.2021 and on all such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to the appellant shall remain suspended and he shall be released on bail, if not required to be detained in any other case.

T h e jail authority is also directed to ensure that the appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant 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 appellant can be released, then he shall be released.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

Devashish Digitally signed by DEVASHISH MISHRA Date: 2021.06.16 10:35:25 +05'30'