Madhya Pradesh High Court
Jaswant vs The State Of Madhya Pradesh on 16 September, 2021
Author: Sujoy Paul
-1- Cr.A. No.951/2019
High Court of Madhya Pradesh: Bench at Indore
Criminal Appeal No.951/2019
Jaswant v/s The State of Madhya Pradesh
Indore, dated 16.09.2021
Shri R.R. Trivedi, learned counsel for the appellant.
Shri Valmik Sakargayen, learned Government
Advocate for the respondent / State.
Heard on I.A. No.7068/2019, which is 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 appellant - Jaswant.
Learned counsel for appellant submits that this
appellant is similarly situated qua co-accused Jitendra @ Jeetu
of Cr.A. No.1198/2019 who got benefit of suspension of
sentence today. This appellant has also completed more than
half of the sentence in the custody. Thus, on principles of parity
this appellant may be given the same benefit of suspension of
sentence.
Learned Panel Lawyer for State fairly admitted that the
present appellant is similarly situated qua Jitendra @ Jeetu
(supra). In Jitendra @ Jeetu (supra), this Court recorded as
under:-
Heard on I.A. No.20117/2021, which is 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 appellant
- Jitendra @ Jeetu S/o Mangilal Damami.
The appellant is in custody because of
judgment of conviction dated 21.01.2019 passed by
the Special Judge, N.D.P.S. Act, Mandsaur in Special
Sessions Trial No.17/2013, whereby the appellant has
been convicted for the offences punishable under
-2- Cr.A. No.951/2019
Section 8(C)/15(C) of the N.D.P.S. Act and sentenced
to undergo 10 years' rigorous imprisonment along
with fine of Rs.1,00,000/-. With default clause to
further undergo one year's rigorous imprisonment.
Learned counsel for the appellant submits
that appellant remained in custody during the
following period:-
From 30.04.2013 to 3 years 7 months
09.12.2016 and 9 days
From 21.01.2019 to till 2 years 7 months
today and 10 days
Learned counsel for the appellant makes a
statement at bar that he has meticulously calculated
the period of custody which comes to 6 years 4
months and 19 days. Heavy reliance is placed on the
order of Supreme Court in Criminal Appeal
No.287/2018 (Mayuresh Nandkumar Purohit v/s
Kaushik Manna & Another) dated 19.02.2018 for
the purpose of suspension of sentence.
The prayer is opposed by learned
Government Advocate for the respondent / State.
The Supreme Court in the case of Mayuresh
Nandkumar Purohit (supra) recorded as under:-
"The accused appellant has been in custody
since 23rd November, 2021 i.e. for over six
years. The sentence imposed is one of ten years.
Considering the totality of the facts and
circumstances of the cacase, we are of the view
that the accused appellant should be released on
bail. We order accordingly. Therefore, the
appellant is ordered to be released on bail to the
satisfaction of the learned trial Court in
connection with NDPS Special Case
No.27/2012 In F. No.NCB/BZU/ CR-19/2021".
(Emphasis supplied)
In view of the period of custody and
keeping in view the order of Supreme Court
aforesaid coupled with the fact that final hearing of
this criminal appeal of 2019 is not possible in this
pandemic era in near future, I deem it proper to
-3- Cr.A. No.951/2019
suspend the jail sentence of the appellant.
Accordingly, I.A. No.20117/2021 stands allowed.
The execution of jail sentence of appellant
- Jitendra @ Jeetu S/o Mangilal Damami is hereby
suspended and it is ordered that the appellant be
released on bail on his furnishing a personal bond
for a sum of Rs.3,00,000/- (Rupees Three Lakh
Only) with one solvent surety of the like amount to
the satisfaction of the trial Court and subject to
depositing the fine amount (if not already
deposited) with a further direction to appear before
the Court of Special Judge, District - Mandsaur
on 22.12.2021 and also on such other dates, as may
be fixed by the Court of Special Judge, District -
Mandsaur in this regard during the pendency of
this appeal."
(emphasis supplied)
In view of order passed in the matter of similarly
situated co-accused, IA No.7068/2019 is also allowed. The
execution of jail sentence of appellant Jaswant is hereby
suspended and it is ordered that the appellant be released on bail
on his furnishing a personal bond for a sum of Rs.3,00,000/-
(Rupees Three Lakh Only) with one solvent surety of the like
amount to the satisfaction of the trial Court and subject to
depositing the fine amount (if not already deposited) with a
further direction to appear before the Court of Special Judge,
District - Mandsaur on 22.12.2021 and also on such other
dates, as may be fixed by the Court of Special Judge, District -
Mandsaur in this regard during the pendency of this appeal.
c.c as per rules.
(SUJOY PAUL)
JUDGE
vm
Digitally signed by
VARGHESE MATHEW
Date: 2021.09.16
16:40:12 -07'00'
