Vinod vs The State Of Madhya Pradesh
2021 Latest Caselaw 1976 MP

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                                                                               CRA No.2691/2021

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.2691/2021
Indore, Dated 17.05.2021
         Hearing through Video Conferencing.

         Mr. Pankaj Ajmera, learned counsel for appellant Vinod s/o

Prakash Khateek.

         Mr. Sudhanshu Vyas, learned Panel Lawyer for the

respondent / State of Madhya Pradesh, on advance notice.

Heard on the question of admission.

Criminal appeal filed under Section 374 (2) of the Code of

Criminal Procedure, 1973 is admitted for final hearing.

No separate notice is required to be issued to the respondent /

State.

Also heard on IA No.8821/2021, first application under

Section 389 (1) of the Code of Criminal Procedure, 1973 for

suspension of jail sentence and grant of bail filed on behalf of the

appellant.

The present appellant has been convicted and sentenced by

learned Special Judge (under NDPS Act), Neemuch, District

Neemuch (MP) in Special Sessions Trial No.18/2016 vide judgment

dated 5th April, 2021, as under: -

              Conviction                            Sentence
    Section            Act          RI        Fine amount      Imprisonment in lieu of fine
   8 r/w 21 NDPS Act, 1985   13 months       Rs.15,000/-       6 months RI
   (B)

                                                             CRA No.2691/2021

Counsel for the appellant has submitted that the appellant is

jail since 05.04.2021. It is further submitted that there are fair

chances of success in the appeal. In the wake of fresh spread of

COVID-19, there is no possibility of early disposal of this appeal in

near future and if the sentence is not suspended, then the present

appeal filed by the appellant may turn infructuous. Under these

circumstances and looking to the short sentence imposed on the

appellant, counsel for the appellant prays for suspension of jail

sentence of the appellant and grant of bail to him.

Counsel for the respondent / State of Madhya Pradesh opposes

the application by submitting that no sufficient ground is made out

for releasing the appellant on bail; hence the application filed by the

appellant be dismissed.

Considering the facts and circumstances of the case and the

arguments advanced by the counsel for the parties, this Court is of

the considered opinion that the application for suspension of

custodial sentence deserves to be allowed.

Accordingly, without expressing any opinion on merits of the

case, IA No.8821/2021 is allowed and it is directed that on

furnishing a personal bond by the appellant in the sum of

Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in

the like amount to the satisfaction of the learned trial Court, for his /

her regular appearance before concerned trial Court, the execution

CRA No.2691/2021

of the custodial part of the sentence imposed against the appellant

shall remain suspended, till the final disposal of this appeal.

The appellant, after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 20.12.2021 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard, with a further condition if the appellant has not already

served out the entire sentence.

It is made clear that after being released on bail, if the appellant

again indulges himself in any criminal activity, the present bail order

shall stand cancelled without further reference to the Court and the

police shall be entitled to arrest the appellant in the present case also.

Let the matter be listed for final hearing in due course.

C. c. as per rules.

(Subodh Abhyankar) Vacation Judge rcp

RAMESH CHANDRA PITHWE 2021.05.18 10:40:19 +05'30'