Madhya Pradesh High Court
[email protected] Choudhary vs State Of Mp. on 25 November, 2021
Author: Vishal Mishra
1 CRA-3761-2020
The High Court Of Madhya Pradesh
CRA No. 3761 of 2020
([email protected] CHOUDHARY Vs STATE OF MP.)
14
Jabalpur, Dated : 25-11-2021
Shri Sandeep Kumar Jain, counsel for the appellant.
Shri Amit Bhurrak, PL for the respondent/State.
Heard o n I.A.No.9811/2020, an application under Section 389 of
Cr.P.C for suspension of sentence and grant of bail on behalf of appellant
wh o stood convicted and sentenced in the matter vide judgment dated
18.2.2020, for the offence under Section 8/21 of the NDPS Act and
sentenced to undergo RI for 10 years with fine of Rs.1.00 lac and in default
to under go R.I. for three months.
It is pointed out that out of total conviction period of the appellant he
has already undergone more than 50% of the jail sentence as is reflected from
para 35 of the judgment wherein it is pointed out that the appellant is in
conviction from the date of incident. The incident has said to be taken place
on 7.1.2016. There is 620 gms of contraband (smack) has been recovered
from the possession of the appellant. He is a first offender and looking to the
total custody period under gone by the appellant he prays for grant of bail.
He is ready to abide by all the terms and conditions that may be imposed of
this Court while considering the application for grant of bail.
Per contra, counsel for the state has vehemently opposed the prayer
stating that 620 gms of contraband (smack) was recovered from the
possession of the present appellant which was found proved during the trial.
Counsel for the appellant could not point out any illegality being committed
by the authorities in following the procedure under the NDPS Act. But he
could not dispute the fact that more than 50% of jail sentence has already
undergone by the appellant. There is no criminal past against the appellant as
per record.
Signature Not Verified
SAN
Considering the overall facts and circumstances of the case, subject to
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2021.11.26 12:32:35 IST
2 CRA-3761-2020
deposition of fine amount, this application is allowed and sentence of
appellant is suspended.
Consequently, I.A.No.9811/2020 is allowed and jail sentence of the
appellant is suspended. Appellant is directed t o be released on bail on
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac)
with one solvent surety in the like amount to the satisfaction of trial court. He
is directed to appear before the Registrar (Judicial-II) of this Registry for his
presence on 6.4.2022 and thereafter, subsequent dates as may be fixed by the
Registry from time to time till disposal of the appeal.
I n view of the COVID-19, jail authorities are directed that before
releasing the appellant medical examination of appellant 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.
E-copy of this order be provided to the applicant and E-copy of this
order be sent to the trial Court concerned for compliance. It is made clear
that E-copy of this order shall be treated as certified copy for practical
purposes in respect of this order.
List this appeal for final hearing in due course.
CC as per rules.
(VISHAL MISHRA)
JUDGE
irfan
Signature Not Verified
SAN
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2021.11.26 12:32:35 IST
