Sanjay Gaud vs The State Of Madhya Pradesh
2021 Latest Caselaw 5687 MP

          HIGH COURT OF MADHYA PRADESH,
                BENCH AT GWALIOR
                  Cr.A.No.2848/2020
               ( Sanjay Gaud Vs. State of Madhya Pradesh )
                                   (1)

Gwalior, dated : 20.09.2021

      Shri Brijesh Sharma, learned counsel for the appellant.

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

respondent/State.

I.A. No.23319/2021, an application for urgent hearing through

video conferencing, accordingly, stands allowed.

Heard on I.A.No.23511/2021, second application under

Section 389(1) of the Cr.P.C., moved on behalf of the appellant. First

application (I.A.No.2193/2021) was dismissed as withdrawn vide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 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. Appellant was sitting on the driver's seat and HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.2848/2020 ( Sanjay Gaud Vs. State of Madhya Pradesh )

another person was sitting at the rear side over the goods. Said

loading auto with goods was seized. On the basis of the aforesaid,

crime has been registered.

Learned counsel for the appellant submits that he has wrongly

been convicted by the trial court. He is the driver of the said loading

auto. The appellant 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 in already congested

prisons may be detrimental. Under these circumstances, the

execution of sentence be suspended and the appellant 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 the appellant.

Accordingly, without expressing any opinion on merits of the

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

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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR Cr.A.No.2848/2020 ( Sanjay Gaud Vs. State of Madhya Pradesh )

the satisfaction of concerned CJM for his appearance before the

concerned CJM on 22.12.2021 and on such 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 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 14:41:25 +05'30'