Firoz @ Bacchan vs The State Of Madhya Pradesh
2021 Latest Caselaw 2532 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                      Criminal Appeal No.1290/2021
                     (Firoz @ Bacchan Vs. State of M. P.)
                                    -1-

Indore, dated 18/06/2021

         Heard through Video Conferencing.

         Mr. Khuzema Kapadia, learned counsel for the appellant.

         Ms. Soumya Maru, learned Panel Lawyer for the respondent /

State.

Heard on I.A.No.11743/2021, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and for grant of

bail on behalf of the appellant Firoz @ Bacchan.

The appellant has been convicted under section 8/20(b)(ii)(b) of

the Narcotic Drugs and Psychotropic Substances Act, 1985 and

sentenced to under go 05 years RI with fine of Rs.30,000/-, with

default stipulation, vide judgment dated 29/01/2021 passed in Special

(NDPS) Case No.33/2017 by Special Judge (NDPS Act), Indore.

Learned counsel for the appellant submits that appellant is

innocent and has not committed the crime as alleged. Learned

counsel submits that, as per paragraph No.42 of the impugned

judgment, the appellant is in jail since 16/06/2017 and has suffered jail

incarceration of 04 years out of total 05 years sentence. He is the sole

bread earner and due to his jail incarceration, the family is in penury. It

is submitted that learned Court below has not properly appreciated the

evidence and committed error. During COVID-19 pandemic the regular

criminal appeals are not being taken up for consideration on merits.

Therefore, prays for suspension of sentence and enlargement of HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.1290/2021 (Firoz @ Bacchan Vs. State of M. P.)

appellant on bail, on such terms and conditions this Court deems fit

and proper.

Learned Public Prosecutor opposes the application for

suspension of sentence.

Taking into consideration the facts and circumstances of the

case and the fact that appeal will take long time and the appellant has

under gone 04 years in jail custody out of total 05 years sentence, the

application is allowed and the jail sentence of the appellant shall

remain suspended and he be released on bail on his furnishing

personal bond in the sum of Rs.2,00,000/- (Rupees Two Lacs Only)

with separate solvent surety in the like amount to the satisfaction of the

trial Court subject to deposit of the fine amount. The appellant is

directed to appear before the Registry of this Court on 11/08/2021 and

on other dates as may be fixed in this behalf with following further

conditions:-

(i) the appellant shall abide by the terms and conditions of various circulars and orders issued by the Government of India and the State Government as well as the local administration from to time in the matter of maintaining social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(ii) 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 or any HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.1290/2021 (Firoz @ Bacchan Vs. State of M. P.)

further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order;

In the event of violation of any of the terms and conditions of the

order by the appellant, the prosecution is at liberty to seek cancellation

of the bail granted to the appellant.

Learned Public Prosecutor is directed to send an e-copy of this

order to the Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.06.18 16:53:32 -07'00'