Madhya Pradesh High Court
Mohanram vs The State Of Madhya Pradesh on 17 May, 2021
Author: Rohit Arya
1 CRA-525-2016
The High Court Of Madhya Pradesh
CRA-525-2016
(MOHANRAM Vs THE STATE OF MADHYA PRADESH)
8
Indore, Dated : 17-05-2021
Shri Palash Choudhary, learned counsel for the appellant.
Shri A.S. Sisodia, learned Public Prosecutor for the respondent-State.
Heard through Video Conferencing.
Further heard on I.A.No.1032/2021, 2nd repeat application under
section 389 Cr.P.C., seeking suspension of sentence and grant of bail filed on
behalf of the appellant - Mohanram.
The present appellant has been convicted under section 8 r/w 15(C) of
NDPS Act and sentenced to suffer rigorous imprisonment of 12 years with
the fine of Rs.1,00,000/- with default stipulation vide judgment dated
03.03.2016 passed in sessions trial No.09/2011 by the Special Judge (NDPS),
Distt. Mandsaur.
As per prosecution case, 15 quintal 44 kg of poppy straw was
recovered from the vehicle driven by the appellant. Accordingly case has
been registered against him.
Learned counsel for the appellant submits that appellant is innocent and
has been falsely implicated in the case. Appellant has undergone about 10
years of sentence out of total sentence of 12 years. The statement of learned
counsel for the appellant is fortified with para 59 of the impugned judgment
wherein learned trial Judge has stated that appellant remained in custody from
the date of his arrest i.e. 20.02.2011 till 28.02.2011 and thereafter from the
date of judgment i.e. 03.03.2016, he is in custody. Due to the Covid-19
pandemic, the final disposal of the appeal shall take time. Hence, the present
appellant may be granted suspension of sentence on such terms and
conditions this Hon'ble Court deems fit and proper.
Per contra, learned Panel Lawyer opposes the bail application and
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prayed for its rejection with the submission that huge quantity of contraband
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Date: 2021.05.17 18:02:47 IST
2 CRA-525-2016
was recovered from the appellant.
Considering the facts and circumstances of the case and submission of
learned counsel for the parties but, without expressing any opinion on merits
of the case, regard being had to the period of sentence suffered by the
appellant i.e. 10 years out of total sentence of 12 years, we deem it
appropriate to allow the application for suspension of sentence.
Consequently, I.A. is hereby allowed and it is directed that execution
of jail sentence of the appellant shall remain suspended during pendency of
this appeal and he shall be enlarged on bail subject to furnishing personal
bond in the sum o f Rs.15,00,000/- (Rupees fifteen lakhs only) with two
solvent sureties of Rs. 7,50,000/- in the like amount(one should be local
surety) to the satisfaction of the Trial Court and also subject to deposit of the
fine amount (if not already deposited) for appearance before the Registry of
this Court on 23.08.2021, and on further dates as may be directed by the
Registry in that regard, with following further conditions:
(i) the appellant will abide by the terms and conditions of various
circulars and orders issued by the Government of India and the State
Government as well as the local administration from to time in the matter of
maintaining social distancing, physical distancing, hygiene, etc., to avoid
proliferation of Novel Corona virus (COVID-19);
(ii) the concerned jail authorities are directed that before releasing the
appellant, the medical examination of the appellant be conducted through the
jail doctor and if it is prima facie found that he is having any symptoms of
COVID-19, then the consequential follow up action including the
isolation/quarantine or any further test required be undertaken immediately.
Learned Public Prosecutor is directed to send an e-copy of this order
to all the concerned including the concerned Station House Officer of the
police station for information and necessary action.
Registry is directed to send an e-copy of this order to the the Court
concerned for necessary compliance.
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Digitally signed by SEHAR HASEEN
Date: 2021.05.17 18:02:47 IST
3 CRA-525-2016
Record of Courts below be requisitioned.
List in due course.
E-certified copy as per rules.
(ROHIT ARYA) (SUBODH ABHYANKAR)
V. JUDGE V. JUDGE
sh
Signature Not Verified
SAN
Digitally signed by SEHAR HASEEN
Date: 2021.05.17 18:02:47 IST
