Madhya Pradesh High Court
Maansingh vs The State Of Madhya Pradesh on 16 September, 2021
Author: Rohit Arya
1 CRA-5669-2017
The High Court Of Madhya Pradesh
CRA-5669-2017
(MAANSINGH Vs THE STATE OF MADHYA PRADESH)
35
Indore, Dated : 16-09-2021
Shri Palash Choudhary, learned counsel for the appellant.
Shri Sudhanshu Vyas, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.24513/2021, second repeat application under section
389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on
behalf of the appellant Maansingh.
The present appellant has been convicted under section 8(C)/18(B) of
NDPS Act and sentenced to suffer rigorous imprisonment of 10 years with
the fine of Rs.1,00,000/- with default stipulation vide judgment dated
11/09/2017 passed in Sessions Trial No.10/2012 by the Additional Special
Judge (NDPS Act), Mandsaur.
As per prosecution story, the appellant alongwith other co-accused
were found to be in unauthorized possession of 2 kg 700 gms of opium.
Learned counsel for the appellant submits that appellant is innocent and
has been falsely implicated in the case. Appellant remained in custody from
17.04.2012 to 07.01.2013 (during trial) and from the date of judgment i.e. 11 th
September, 2017 till today, he is in jail. As such, appellant has suffered jail
incarceration for about 04 years 09 months. Appellant has no criminal
antecedents. During trial, he remained on bail and did not misuse the liberty
granted to him. 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 appellant may be suspended and he 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
Signature Not Verified
SAN learned counsel for the parties but, without expressing any opinion on merits
Digitally signed by VIBHA PACHORI
Date: 2021.09.17 18:53:19 IST
2 CRA-5669-2017
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 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.1,00,000/- (Rupees One Lakhs Only) with one
solvent surety 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
appearance before the Registry of this Court on 13.12.2021, 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 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.
List in due course.
E-certified copy as per rules.
(ROHIT ARYA)
JUDGE
Vibha
Signature Not Verified
SAN
Digitally signed by VIBHA PACHORI
Date: 2021.09.17 18:53:19 IST
