Karu @ Kailash vs The State Of Madhya Pradesh
2021 Latest Caselaw 364 MP

                                   1                               CRA-901-2021
        The High Court Of Madhya Pradesh
                   CRA-901-2021
                 (KARU @ KAILASH Vs THE STATE OF MADHYA PRADESH)

2
Gwalior, Dated : 01-03-2021
      Shri S.S. Chouhan, learned counsel for the appellant.
      Shri Nitin Goyal, learned Panel Lawyer for the respondent-State.

I.A. No. 5600/2021, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Learned counsel for the appellant has submitted that one I.A.

No.6853/2021 has been filed for amendment in the appeal memo as due to clerical mistake Section 20(b) has been typed in place of Section 21 (b) of N.D.P.S. Act and prayed to allow the aforesaid I.A.

For the reasons mentioned in the application, I.A. No. 6853/2021 is allowed.

Necessary amendment be carried out within three working days. The appeal being arguable is admitted for final hearing. Heard on I.A. No. 5601/2021, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellant.

This criminal appeal has been preferred against the impugned judgment of conviction and sentence dated 27/1/2021 passed by Special Judge (N.D.P.S. Act), Bhind in Special Case No.06/2018 N.D.P.S. by which the appellant has been convicted under Sections 8(C) read with Section 21(B) of the NDPS Act and has been sentenced to undergo rigorous imprisonment of 5 years with fine of Rs.10,000/- with default stipulation.

It is submitted by learned counsel for the appellant that the trial Court has wrongly convicted the appellant without properly appreciating the material and evidence available on record. It is further submitted that the appellant has already suffered almost three years of incarceration out of total jail sentence of five years and there is no likelihood of final hearing of this appeal in near future, looking to the pendency before this Court. Hence, prayed for 2 CRA-901-2021 suspension of jail sentence and grant of bail to the appellant.

Per contra, learned counsel for the State opposed the suspension application and prayed to reject the same.

Heard learned counsel for the rival parties and perused the available record.

Considering the total custody period of the appellant i.e. almost three

years, without commenting on merits of the case, I.A. No. 5601/2021 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs. 1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Office of this Court on 05/4/2021 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, his/her Corona Virus test shall be conducted and if it is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his/her house, and if the test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant is fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local Administration/Police Authorities shall immediately take him/her in 3 CRA-901-2021 custody and would send him/her to the same jail from where he/she was released.

List the case for final hearing in due course.

A copy of this order be sent to the trial Court concerned for information and necessary compliance.

Certified copy/E-copy as per rules.

                                          (RAJEEV KUMAR SHRIVASTAVA)
 ALOK KUMAR
 2021.03.01                                          JUDGE
 15:54:11
 -08'00'
 11.0.8

AKS