Premnarayan @ Pappu Meena vs The State Of Madhya Pradesh
2021 Latest Caselaw 2542 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                       Criminal Appeal No.5222/2020
                (Premnarayan @ Pappu Meena Vs. State of M. P.)
                                    -1-

Indore, dated 18/06/2021

         Heard through Video Conferencing.

         Mr. Jitendra Bajpai, learned counsel for the appellant.

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

State.

Heard on I.A.No.6967/2020, 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 Premnarayan @ Pauu Meena.

The appellant has been convicted under section 20(b)(ii)(b) read

with Section 8 of Narcotic Drugs and Psychotropic Substances Act,

1985 and sentenced to under go 03 years RI with fine of Rs.50,000/-,

with default stipulation, vide judgment dated 07/03/2020 passed in

Special Sessions Case No.700021/2013 by Special Judge (NDPS

Act), Indore.

Learned counsel for the appellant submits that appellant is

innocent and has not committed the crime as alleged. The appellant is

in jail since 07/03/2020 and as per paragraph No.79 of the impugned

judgment he has also suffered jail incarceration of 11 months during

the trial. Learned counsel submits that the appellant has suffered total

jail incarceration of 02 years and 02 months out of total 03 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.5222/2020 (Premnarayan @ Pappu Meena Vs. State of M. P.)

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 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 02 years and 02 months in jail custody out of total 03

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.1,00,000/- (Rupees One

Lac 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Criminal Appeal No.5222/2020 (Premnarayan @ Pappu Meena Vs. State of M. P.)

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 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 16:53:45 -07'00'