Datarao Reddy vs The State Of Madhya Pradesh
2021 Latest Caselaw 2582 MP

                                                                     1                               CRA-1261-2019
                                          The High Court Of Madhya Pradesh
                                                     CRA-1261-2019
                                                    (DATARAO REDDY Vs THE STATE OF MADHYA PRADESH)

                                  5
                                  Jabalpur, Dated : 21-06-2021
                                         Heard through Video Conferencing.
                                         Shri Arvind Pathak, learned counsel for the appellant.
                                         Shri Sanjeev Singh, learned Panel Lawyer for the respondent/State.

Heard on I.A. No.6177/2021, which is an application for change of counsel.

This application is supported by an affidavit and vakalatnama singed by the appellant and duly verified by the jail authorities. On due consideration, this application is allowed.

Heard on I.A. No.22808/2019, which is an application for suspension of sentence and grant of bail filed on behalf of the appellant.

This appeal has been preferred against the judgment dated 21/01/2019 passed by Special Judge (NDPS), Act, Jabalpur (M.P.) in Special Case No.38/2017 whereby the appellant has been convicted under section 8/20 (kh) (2-C) of the NDPS Act and sentenced to undergo ten years RI with fine of

Rs. 1,00,000/-.

Learned counsel for the appellant submits that out of the sentence awarded, the appellant has already suffered incarceration of about four years. There is no likelihood of this appeal coming up for hearing in near future. It is further submitted that in view of COVID- 19, outbreak detention of appellant in already congested prisons may be detrimental. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail.

On the other hand, learned Panel Lawyer appearing on behalf of the respondent/State opposes the aforesaid application and prays for its rejection.

An early hearing of this appeal is not possible. Taking into Signature Not Verified SAN consideration the period of sentence already undergone in the light of the

Digitally signed by GEETHA NAIR Date: 2021.06.21 16:52:51 IST 2 CRA-1261-2019 judgment of Apex Court in the case of Kamal Vs. State of Haryana reported in 2006 (1) SCC (Cri) 757, this Court is inclined to extend the benefit of bail to the appellant.

It is, therefore, directed that if appellant deposits the entire fine amount, if not already deposited, and furnishes a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand Only) with a solvent surety in the like

amount to the satisfaction of trial Court for his appearance before the Registry of this Court on 14th December, 2021 and on such subsequent dates as may be fixed in this regard, sentences of imprisonment awarded to him shall remain suspended till further orders and he shall be released on bail.

The appellant shall furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

List this matter for final hearing in due course. Certified copy/e-copy as per rules/directions.

(NANDITA DUBEY) JUDGE

gn

Signature Not Verified SAN

Digitally signed by GEETHA NAIR Date: 2021.06.21 16:52:51 IST