Rajasingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 996 MP

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         THE HIGH COURT OF MADHYA PRADESH
                         Cr.A.No.917/2016
                    (Raja Singh Vs. State of M.P.)


Gwalior, Dated:-23.3.2021
      Heard through Video Conferencing.

      Shri Ashok Jain, learned counsel for the appellant.

      Shri B.P.S. Chauhan, learned Public Prosecutor for the

respondent/State.

Heard the learned counsel for the parties.

This criminal appeal under Section 374 of Cr.P.C assails the

judgment of the trial Court dated 4.8.2016 passed by Special

Judge, NDPS Act, Gwalior (M.P.) in Special Sessions Case

No.1/2014, whereby appellant has been convicted and sentenced as

under:

Section Act Imprisonment Fine Default (in lieu of fine) 8 (ga) NDPS 10 years R.I. Rs.1,00,000/- 2 years R.I.

and 15    Act, 1985
(Kha)

Heard on I.A. No.8860/2021, first application under Section

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

behalf of appellant-Raja Singh.

Learned counsel for the appellant submits that the appellant was

on bail during trial and he has not misused the said liberty of bail.

Learned counsel further submits that hearing of the appeal shall take

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.917/2016 (Raja Singh Vs. State of M.P.)

some time. He is ready to abide by all the terms and conditions as may

be imposed by this Court. Learned counsel prays for fifteen days time

to deposit the fine amount. Upon these submissions, learned counsel

for the appellants pray to allow the I.A.

On the other hand, learned Public Prosecutor for the State has

opposed the application stating that looking to the nature of the

offence committed by the present appellant he is not entitled for grant

of bail and he has supported the findings given by the Trial Court and

prayed for dismissal of the application.

Considering the overall facts and circumstances of the case and

looking to custody period of the appellants as well as looking to the

present scenario of COVID-19, this Court deems it appropriate to

allow this application.

Accordingly, application for suspension of sentence is allowed.

The appellant is directed to be released only on submission of receipt of

depositing the fine amount of Rs.1,00,000/- and on furnishing a personal

bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with

two solvent sureties of the like amount to the satisfaction of trial court,

for his appearance before Registry of this Court on 27.10.2021 and

thereafter on all such other dates as may be fixed in this regard until

further orders.

The appellant is directed to abide by all the terms and

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.917/2016 (Raja Singh Vs. State of M.P.)

conditions. Appellant shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO of

concerned Police Station; where he resides. Appellant further submit

the undertaking to the effect that he will abide by the terms and

conditions of different circulars, orders as well as guidelines issued by

Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID-19) pandemic.

In view of the COVID-19, jail authorities are directed that

before releasing the appellant, medical examination shall be

undertaken by the jail doctor and on prima facie, if it is found that he

is having the symptoms of COVID-19, then consequential follow up

action including the isolation/quarantine or any test if required, be

ensured, otherwise appellant shall be released immediately on bail and

shall be given a pass or permit for movement to reach his place of

residence.

Application (I.A.No.8860/2021) stands disposed of.

Counsel for the appellant undertakes to finally argue the matter

in the month of June, 2021.

List for final hearing in the week commencing 14 th June,

2021.

Learned counsel for the appellant is directed to file the detailed

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.917/2016 (Raja Singh Vs. State of M.P.)

synopsis along with all the case-laws in support of his arguments.

E-copy/Certified copy as per rules/directions.

(Vishal Mishra) Judge Pawar*

ASHISH PAWAR 2021.03.23 16:52:39 +05'30'