Madhya Pradesh High Court
Praveen @ Chhotelal vs The State Of Madhya Pradesh on 4 October, 2021
Author: Rohit Arya
1 CRA-890-2018
The High Court Of Madhya Pradesh
CRA-890-2018
(PRAVEEN @ CHHOTELAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
11
Indore, Dated : 04-10-2021
Shri Apoorva Joshi, learned counsel for the appellant.
Shri Somil Ekadi, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
In compliance of the order dated 03/09/2021, jail report dated
10/09/2021 is on record.
Heard on I.A.No. 21985/2021, an application for suspension of
sentence filed on behalf of the appellant No.1-Praveen @ Chotelal.
The appellant No.1 has been convicted under Section 8(c)/15(B) of
NDPS Act and sentenced to undergo 05 years R.I. with fine of Rs.50,000/-
with default stipulation, vide judgment dated 28/12/2017 passed by Special
Judge (NDPS) Act, Dewas in Case (NDPS) No.01/2012.
Learned counsel for appellant submits that the Court below has not
properly appreciated the evidence on record and wrongly convicted the
appellant. Appellant No.1 has suffered 03 years and 08 months and 27 days
out of total 05 years sentence as per jail report dated 10/09/2021 on record.
Looking to the Covid-19 situation, the disposal of appeal will take time,
hence, prays for suspension of sentence and grant of bail.
Learned Panel Lawyer for the respondent-State opposes the
application and prayed for its dismissal.
Upon hearing learned counsel for the parties, taking into consideration
the fact that disposal of appeal will take time, fine amount has been deposited
and appellant has suffered jail incarceration for more than 03 years and 08
months and 27 days, the application is allowed. It is directed that the jail
sentence of the appellant no.1-Praveen @ Chotelal shall remain suspended
subject to verification of the fact that fine amount has been deposited and he
Signature Not Verified
SAN
be released on bail on his furnishing a personal bond in the sum of
Digitally signed by VARSHA
CHATURVEDI
Date: 2021.10.05 18:40:00 IST
2 CRA-890-2018
Rs.2,50,000/- (Rupees two lacs and fifty thousand only) with one solvent
surety in the like amount to the satisfaction of the trial Court. The appellant
No.1 is directed to appear before the Registry of this Court on 09/12/2021
and on other subsequent dates as may be fixed in this behalf with following
further conditions:-
(i) the concerned jail authorities are directed that before releasing the
appellant No.1 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 or any further test
required be undertaken immediately. If not, the appellant shall be released on
bail in terms of the conditions imposed in this order ;
(ii) violation of conditions, State is free to apply for cancellation of bail.
Accordingly, the IA stands allowed and disposed of.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
vc
Signature Not Verified
SAN
Digitally signed by VARSHA
CHATURVEDI
Date: 2021.10.05 18:40:00 IST
