Bhawarlal vs The State Of M.P.
2021 Latest Caselaw 4901 MP

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 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE

                   CRA No.4654/2021
                  (BHAWARLAL Vs. STATE OF MP. )
INDORE dt. 01-09-2021
       Mr. Pankaj Ajmera, learned counsel for appellant Vinod s/o
Prakash Khateek.
       Ms Geetanjali Chorasiya, learned counsel 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 No21498/2021, 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.8/2015 (B) vide judgment dated 6th August, 2021 under Section 8 r/w 21 (B) NDPS Act, 1985 for a period of 13 months and in default fine amount of Rs.15,000/- with further six months RI.

Counsel for the appellant 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.21498 /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 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.

(PRANAY VERMA) JUDGE

Rashmi

RASHMI PRASHANT 2021.09.02 12:29:50 +05'30'