Ishwarlal vs The State Of Madhya Pradesh
2021 Latest Caselaw 6008 MP

                                   1                             CRA-9259-2018
        The High Court Of Madhya Pradesh
                   CRA-9259-2018
                    (ISHWARLAL Vs THE STATE OF MADHYA PRADESH)

12
Indore, Dated : 24-09-2021
      Shri Himanshu Thakur, learned counsel for the appellant.
      Shri Somil Ekadi, learned Panel lawyer for the respondent-State.

Heard through Video Conferencing.

Heard on I.A.No.53/2021, second repeat application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on

behalf of the appellant.

The appellant has been convicted under section 8/18 (B) of NDPS Act and sentenced to suffer 10 years R.I. with the fine of Rs.1,00,000/- with default stipulation vide judgment dated 10th September, 2018 passed in Special (NDPS) Case No. 05/2013 by the Additional Special Judge (NDPS Act), Neemuch.

As per prosecution story, the appellant was found to be in possession of 04 kg 600 gms opium.

Learned counsel for the appellant submits that appellant is innocent and

has been falsely implicated in the case. Appellant remained in custody for 08 years, 01 month and 24 days as per the jail certificated dated 09/09/2021. Due to the Covid-19 pandemic, final disposal of the appeal shall take time. Under such circumstance, 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.

At this stage, on instructions learned counsel for the applicant submits that appellant has done introspection and looking to grave critical, social and economic condition of poor persons living in old age homes, vidhwa ashrams volunteers to deposit an amount of Rs.30,000/- (Rupees thirty thousand only), in the office Jila Bal Sanrakshan Samiti, Neemuch (State Bank 2 CRA-9259-2018 of India Account No.031854494225 IFSC Code No.SBIN0030055) to be utilized for providing clothing, food and other essential amenities required for the old age persons, vidhwas, orphans living in orphanages including physically challenged persons etc. The aforesaid deposit of amount shall not influence the pending trial but is only, for enlargement of the appellant on bail.

This Court appreciates the gesture shown by learned counsel for the

appellant.

Considering the facts and circumstances of the case and submission of learned counsel for the parties but, without expressing any opinion on merits of the case and looking the period of incarceration suffered by the appellant i.e. 08 years, 01 month and 24 days out of total 10 years, 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.4,00,000/- (Rupees four lacs only) with two solvent sureties each of Rs.2,00,000/- 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 his 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 shall prepare a demand draft for Rs.30,000/- (Rupees thirty thousand only), in the office Jila Bal Sanrakshan Samiti, Neemuch (State Bank of India Account No.031854494225 IFSC Code No.SBIN0030055) for the purpose of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams and orphans living in orphanages in the city of Neemuch in dire need of such amenities/facilities. The amount so deposited shall have no bearing or relevance on the pending trial to the prejudice of the applicant.

3 CRA-9259-2018

(ii) (a) the appellant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal Registrar of this Bench, for keeping the same in his safe custody.

(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so

deposited as and where it is required upon verification. The Collector, Neemuch is also directed to maintain a separate account (for production of the record as and when directed for).

(iv) 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);

(v) 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 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.

(vi) In the event of violation of any of the terms and conditions of the order by the applicant, the prosecution is at liberty to seek cancellation of the bail granted to the appellant.

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 4 CRA-9259-2018 station for information and necessary action.

E-certified copy as per rules.

(ROHIT ARYA) JUDGE

vc VARSHA Digitally signed by VARSHA CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHATURVE COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=df59fbf0f5c7485addc8affe3edf

DI 20e67d11d7f91045d81139f6792fbd4ae 91f, cn=VARSHA CHATURVEDI Date: 2021.09.25 12:09:12 +05'30'