Kanhaiya Shakya vs The State Of Madhya Pradesh
2021 Latest Caselaw 5685 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                  Cr.A.No.5000/2020
   ( Kanhaiya Shakya and another Vs. State of Madhya Pradesh )
                                  (1)

Gwalior, dated : 20.09.2021

      Shri Rajeev Shrivastava, learned counsel for the appellants.

      Shri B.M.Shrivastava, learned Public Prosecutor for the

respondent/State.

Heard on I.A.No.19918/2021, second application under

Section 389(1) of the Cr.P.C., moved on behalf of the appellant No.1

Kanhaiya Shakya. First application (I.A.No.19918/2020) was

dismissed as withdrawn vide order dt.01.03.2021.

This Criminal appeal assails the judgment dated 07.02.2020

passed by the Special Judge (N.D.P.S.Act), Gwalior (M.P.) in Special

Case No.2599/2016, whereby the appellant No.1 Kanhaiya Shakya

has been convicted under Section 8(c), 21 (c) of N.D.P.S.Act and

sentenced to suffer imprisonment for ten years with fine of

Rs.1,00,000/- with default stipulation.

The prosecution story, found to be proved, is that on

02.08.2016 an information was received through an informer that a

loading auto bearing registration No. MP07/L/2188 is standing near

Dr.Verma Wali Gali, Near Roxy Talkies, Lashkar, Gwalior loaded

with intoxicant "Phensydyl Syhrup Codeine Phosphate" for being

transported for the purpose of illegal sale. On receiving the

information, S.I. R.B.S.Bais reached the spot with the force and the

said auto was spotted. Co-accused Sanjay Gaud was sitting on the

driver's seat and another person was sitting at the rear side over the

goods. Said loading auto with goods was seized. On the basis of the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.5000/2020 ( Kanhaiya Shakya and another Vs. State of Madhya Pradesh )

aforesaid, crime has been registered.

Learned counsel for the appellant No.1 submits that he has

wrongly been convicted by the trial court. He is the Proprietor of

M/s New Shakya Medical Agency. He was on bail during trial, and

he did not misuse the liberty so granted. There is no likelihood of

this appeal coming up for hearing in near future. It is further

submitted that in view of COVID-19 outbreak, detention of appellant

No.1 in already congested prisons may be detrimental. Under these

circumstances, the execution of sentence be suspended and the

appellant No.1 be released on bail.

On the other hand, learned Public Prosecutor appearing on

behalf of the respondent/State opposes the aforesaid application and

prays for its rejection.

Considering the aforesaid facts and circumstances of the case

so also the fact that an early hearing of this appeal is not possible,

this Court is inclined to extend the benefit of bail to appellant No.1.

Accordingly, without expressing any opinion on merits of the

case, this application is allowed and it is directed that if appellant

No.1 Kanhaiya Shakya deposits the entire fine amount, if not

already deposited, and furnishes a personal bond in the sum of

Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties

each in the like amount to the satisfaction of concerned CJM for his

appearance before the concerned CJM on 22.12.2021 and on such HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.5000/2020 ( Kanhaiya Shakya and another Vs. State of Madhya Pradesh )

subsequent dates as may be fixed in this regard, sentence of

imprisonment awarded to him shall remain suspended till further

orders and he shall be released on bail. The appellant No.1 shall also

furnish a written undertaking that he will abide by the terms and

conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration

from time to time such as maintaining social distancing, physical

distancing, hygiene etc. to avoid proliferation of Corona virus.

Certified copy/e-copy as per rules/directions.

(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2021.09.22 14:41:58 +05'30'