Rajendra Manjhi vs The State Of Madhya Pradesh
2021 Latest Caselaw 2537 MP

                                   1                                CRA-9886-2019
        The High Court Of Madhya Pradesh
                   CRA-9886-2019
                 (RAJENDRA MANJHI Vs THE STATE OF MADHYA PRADESH)

10
Jabalpur, Dated : 18-06-2021
      Heard through Video Conferencing.
      Mr. Siddharth Datt, Advocate for the appellant.
      Mr. Prakash Gupta, Panel Lawyer for the respondent/State.

Heard on I.A. No.1770/2021, which is the second application for suspension of sentence and grant of bail to the appellant.

Vide impugned judgment dated 19.09.2019 passed by the Special Judge, NDPS Act, Sehore, in Special Case No.03/2018, the appellant has been convicted for the offence punishable under Section 8(C) read with Section 20(B)(ii)(B) of the NDPS Act and sentenced thereunder to suffer R.I. for six years with fine of Rs.40,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is in jail since 27.10.2018 although almost three months, he was on bail and then from the date of the impugned judgment, he is in jail till now. He further submits that the appellant's first application for suspension of his jail sentence was

dismissed by this Court vide order dated 29.08.2020. He submits that the appellant 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 appeal will take a long time and as the appellant has suffered sufficient period 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 opposes the prayer made by learned counsel for the appellant and submits that while rejecting the appellant's first application for suspension of his jail sentence, it was observed by the Court that repeat application for suspension of sentence and grant of bail can be moved after completion of half substantial part of the awarded sentence and since the appellant has not suffered half of his awarded 2 CRA-9886-2019 jail sentence, therefore, this bail application is not maintainable.

Considering the rival contentions of the learned counsel for the parties; taking note of present scenario when there is surge of COVID-19; the fact that the appellant has suffered more than two and a half years of his awarded jail sentence and also the fact that the appeal would take long time to be heard finally, I am inclined to enlarge the appellant on bail. Accordingly I.A.

No.1770/2021 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.

The 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: 2021.06.18 17:11:03 +05'30'