Lalta Prasad @ Bambam vs The State Of Madhya Pradesh
2021 Latest Caselaw 623 MP

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             THE HIGH COURT OF MADHYA PRADESH,
                        BENCH AT GWALIOR
                            CRA-1553-2021
               (Lalta Prasad @ Bambam Vs. State of M.P.)

Gwalior, Dated : 10/03/2021

      Shri Rajendra Singh Yadav, learned counsel for the appellant.

      Shri Alok Sharma, learned Panel Lawyer for the respondent/State.

IA No.7251/2021, an application for urgent hearing, is taken up,

considered and allowed for the reasons mentioned therein.

Also heard on I.A. No.7252/2021, an application under Section

389 (1) of Cr.P.C. for suspension of sentence and grant of bail moved on

behalf of the appellant - Lalta Prasad @ Bambam.

This appeal has been preferred against the judgment dated

25/02/2021 passed by Special Judge, (NDPS Act), Vidisha, District-

Vidisha (M.P.) in S.T. No.11/2018, whereby the appellant has been

convicted and sentenced as under:-

     Sections              Sentence         Fine (Rs.)        Default
                                                            Stipulation
 8/20 (II) (Kha) of       2 Years RI          2,000/-       6 Months RI
    NDPS Act

Prosecution story found to be proved is that on 01/03/2018, an

information was received by the informer and on that, the police reached

the spot and seized 1.300 Kg. Ganja from the possession of the

appellant.

Learned counsel for the appellant submits that appellant, who is

aged about 72 years, has been falsely implicated in this case and he is not

concerned with the case directly or indirectly. He has been wrongly

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1553-2021 (Lalta Prasad @ Bambam Vs. State of M.P.)

convicted by the learned trial Court. It is also submitted that the appellant

has undergone the sentence of around three months out of the jail

sentence of two years awarded by the Trial Court. The appellant was on

bail during trial and he has not misused the liberty granted to him. The

fine amount has already been deposited by him. The appellant is a

permanent resident of District- Vidisha (M.P.) and there are fair chances

of success of this appeal and the appeal may take long time for its

conclusion and the appellant cannot be kept in custody for an unlimited

period. 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 bail application.

Keeping in view of the aforesaid submissions of learned counsel

for the parties and the fact that an early hearing of this case is not

possible, I.A. No.7252/2021 is allowed.

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 one solvent

surety of the like amount to the satisfaction of trial Court for his

appearance before the Registry of this Court on 12th July, 2021 and on

such subsequent dates as may be fixed in this regard, sentence of

imprisonment awarded to him shall remain suspended till further orders

THE HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR CRA-1553-2021 (Lalta Prasad @ Bambam Vs. State of M.P.)

and he shall be released on bail. The appellant shall also 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 and the appellant shall also install Arogya

Setu App. (If not already installed) in the mobile phone.

A copy of this order be sent to the trial Court concerned for

necessary compliance.

Certified copy as per rules.

(S.A. Dharmadhikari) Judge rahul

RAHUL SINGH PARIHAR 2021.03.10 18:43:30 +05'00'