Mangusingh Alias Mangalsingh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5928 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                      Criminal Appeal No.292/2017
              (Mangusingh @ Mangalsingh Vs. State of M. P.)
                                  -1-

Indore, dated 23/09/2021

      Ms. Shraddha Dixit, learned counsel for the appellant.

      Mr. Sudhanshu V. Vyas, learned Panel Lawyer for the

respondent / State.

Heard on I.A.No.24713/2021, which is an application under

Section 389(1) of Cr.P.C. for suspension of sentence and for grant of

bail on behalf of the appellant - Mangusingh @ Mangalsingh.

The appellant has been convicted under section 8 / 18 (B) and

29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and

has been sentenced to under go 10 years rigorous imprisonment with

fine of Rs.1,00,000/-, with default stipulation, vide judgment dated

27/01/2017 passed in Special Sessions Trial No.25/2012 by Special

Judge (NDPS Act), Mandsaur on charge of being found in possession

of 1.800 Kilogram Opium.

Learned counsel for the appellant submits that appellant is

innocent and has not committed the crime as alleged. The appellant

was arrested on 28/05/2012 and is still languishing in jail. He has

suffered jail incarceration of almost 05 years and 05 months out of

total 10 years sentence awarded to him. He is the sole bread earner

and due to his jail incarceration, the family is in penury and on the

verge of starvation. It is submitted that learned Court below has not

properly appreciated the evidence and committed error. During

COVID-19 pandemic the regular criminal appeals are not being taken HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.292/2017 (Mangusingh @ Mangalsingh Vs. State of M. P.)

up for consideration on merits. Therefore, prays for suspension of

sentence and enlargement of appellant on bail, on such terms and

conditions this Court deems fit and proper.

Learned Public Prosecutor opposes the application for

suspension of sentence.

Taking into consideration the facts and circumstances of the

case, the fact that the instant appeal is of the year 2017 and the final

hearing of the appeal will take long time and primarily on the ground

that the appellant has under gone almost 05 years and 05 months in

jail custody out of total 10 years sentence, the application is allowed

and the jail sentence of the appellant shall remain suspended and he

be released on bail on his furnishing personal bond in the sum of

Rs.3,00,000/- (Rupees Three Lacs Only) with separate solvent surety

in the like amount to the satisfaction of the trial Court subject to deposit

of the fine amount. The appellant is directed to appear before the

Registry of this Court on 15/11/2021 and on other dates as may be

fixed in this behalf with following further conditions:-

(i) the appellant shall 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE Criminal Appeal No.292/2017 (Mangusingh @ Mangalsingh Vs. State of M. P.)

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 or any further test required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order;

In the event of violation of any of the terms and conditions of the

order by the appellant, the prosecution is at liberty to seek cancellation

of the bail granted to the appellant.

Learned Public Prosecutor is directed to send an e-copy of this

order to the Court concerned for necessary compliance.

Accordingly, the IA stands disposed of.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE Tej

Digitally signed by TEJPRAKASH VYAS Date: 2021.09.23 18:56:21 -07'00'