Madhya Pradesh High Court
Ramila vs The State Of Madhya Pradesh on 6 September, 2021
Author: Rohit Arya
1 CRA-1948-2019
The High Court Of Madhya Pradesh
CRA-1948-2019
(RAMILA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
20
Indore, Dated : 06-09-2021
Shri Irshad Akhtar Mev, learned counsel for the appellants.
Shri Sudhanshu Vyas, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
Heard on I.A.No.1774/2020, second repeat application under section
389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on
behalf of the appellants.
The appellants have been convicted under Section 8(c) r/w Section
15(c) of NDPS Act and sentenced to suffer 10 years RI each with fine of
Rs.1,00,000/- each with default stipulation respectively vide judgment dated
02nd February, 2019 passed by Additional Sessions Judge (NDPS) Act,
Jhabra, District-Ratlam in Special S.T. No.05/2012.
As per prosecution story, 19 kg and 500 gms of poppy straw was
recovered from the illegal and unauthorized possession of appellant No.1 and
22 kg 500 gms of poppy straw was recovered from illegal and unauthorized
possession of appellant No.2.
Learned counsel for the appellants submits that appellants are innocent
and have been falsely implicated in the case. Appellants are in jail from the
date of judgment i.e. 02/02/2019 and almost 02 years and 07 months period
has passed by. During trial, appellants were on bail and did not misuse the
liberty granted to them. Fine amount has already been deposited. Due to the
Covid-19 pandemic, final disposal of the appeal shall take time. On these
grounds, learned counsel prays that execution of the jail sentence of the
appellants may be suspended and they may be enlarged on bail.
Per contra , learned Panel Lawyer opposes the bail application and
prayed for its rejection.
Considering the facts and circumstances of the case and submission of
2 CRA-1948-2019
learned counsel for the parties but, without expressing any opinion on merits
o f the case, this Court is of the view that the application deserves to be
allowed.
Consequently, I.A. is hereby allowed and it is directed that execution
of jail sentence of the appellants shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal
bond in the sum o f Rs.1,00,000/- (Rupees One Lakhs Only) each with
one solvent surety each in the like amount to the satisfaction of the Trial
Court and also subject to deposit of the fine amount (if not already
deposited) for their appearance before the Registry of this Court on
15.11.2021, and on further dates as may be directed by the Registry in that
regard, with following further conditions:
(i) the appellants 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
appellants, the medical examination of the appellant be conducted through the
jail doctor and if it is prima facie found that they are 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 Panel Lawyer 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.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
vc
VARSHA Digitally signed by VARSHA CHATURVEDI
CHATURV
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474011, st=Madhya Pradesh,
2.5.4.20=df59fbf0f5c7485addc8affe3edf20e67d11d7f91045d811
39f6792fbd4ae91f, cn=VARSHA CHATURVEDI
Date: 2021.09.07 18:03:19 +05'30'
EDI
