Gulabsingh Soundndhiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 2446 MP

1                           Cr.A.No.7048/2019
                       (Gulab Singh Vs. State of M.P.)

Indore : Dated 16.6.2021

      Shri Anirudh Saxena, learned counsel for the appellant.

      Shri Rajwardhan Gawade, learned Panel Lawyer for the

respondent/State.

Heard through video conferencing.

Heard on I.A.No.5006/2021, an application for suspension of

sentence.

The appellant has been convicted under Section 8 read with

Section 20(B)(II)(B) of NDPS Act and sentenced to undergo five years

RI with fine of Rs.50,000/- with default stipulation, vide judgment dated

26.7.2019 passed by Special Judge (NDPS Act), Rajgarh (Biaora) in

NDPS Case No.8/2018.

It is submitted that learned trial Court has wrongly convicted the

appellant. The learned trial Court has not properly appreciated the

evidence. The appellant was in jail from 25.11.2017 to 31.7.2018 (nine

months) during trial and from the date of judgment i.e. 26.7.2019 up-till

today. As per the jail certificate dated 10.6.2021 the appellant has

undergone the jail sentence for two years six months twenty four days.

The seized contraband 18 Kg.Ganja is less than commercial quantity

(commercial quantity is 20 Kg.). Looking to the Covid-19 situation, the

disposal of appeal will take time, hence prayed for suspension of

execution of jail sentence.

The prayer is opposed by the learned Panel Lawyer

(Gulab Singh Vs. State of M.P.)

Taking into consideration that the appellant has served the jail

sentence for more than two and half years, the disposal of appeal will

take time, subject to depositing the fine amount, the application is

allowed. It is directed that the jail sentence of the appellant shall remain

suspended and he be released on bail on his furnishing a personal bond in

the sum of Rs.2,00,000/- (Rs.Two Lacs only) with one solvent surety in

the like amount to the satisfaction of the trial Court. The appellant is

directed to appear before the Registry of this Court on 16.8.2021 and on

other subsequent dates as may be fixed in this behalf with following

further conditions:-

(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or permit for movement to reach his place of residence;

(ii) violation of conditions, State is free to apply for cancellation of bail.

Accordingly, the IA stands disposed of.

C.c.as per rules.

(Rohit Arya) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2021.06.17 10:11:52 +05'30'