Rajesh Sonkar vs The State Of Madhya Pradesh
2022 Latest Caselaw 6080 MP

                                                            1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      CRA No. 3772 of 2016
                                          (RAJESH SONKAR Vs THE STATE OF MADHYA PRADESH)

                      Dated : 25-04-2022
                            Shri Atul Dwivedi, learned counsel as Amicus Curiae for the appellant.

                            Shri Ajay Tamrakar, learned Panel Lawyer for the respondent/State, submits

that some affidavit has been filed on 27/04/2022 by the concerned jail authority, however, the same is not on record.

It is submitted that in the said affidavit, it is mentioned that by mistake period of incarceration has been mentioned in the certificate dated 06/12/2021.

Let affidavit be filed on record.

Prima facie, this explanation of error cannot be accepted inasmuch as error is so fatal so to prejudice the judgment of the High Court. Fact of the matter is that accused was in custody w.e.f. 01/08/2016 to 06/12/2016. On 07/12/2016 judgment was rendered by learned Special Judge, NDPS Act, Jabalpur. Appellant was granted bail by Coordinate Bench of this Court vide order dated 10/02/2017. Thus, in fact appellant has remained in custody w.e.f. 01/08/2016 to 13/02/2017 which comes out about 5 months 13 days. Certificate issued on 06/12/2021 by Dy. Jail Superintendent reveals that as appellant had completed 10 months 20 days

sentence and that was sufficient to prejudice the interpretation of this Court to extend benefit on the parameters of leniency inasmuch as trial Court had already awarded sentence of one year with fine of Rs.10,000/-. Fine of Rs.10,000/- already stood deposited. It is a serious matter.

Let departmental enquiry be initiated against Dy. Superintendent of Central Jail, Jabalpur by the Director General of Jail, Prison and Reforms and a report be furnished to this High Court.

Shri Atul Dwivedi, learned counsel as Amicus Curiae, prays for time. Let copy of this order be transmitted by learned Panel Lawyer to Director General of Jail, Prison and Reforms.

Signature
 SAN      Not                                                                      (VIVEK AGARWAL)
Verified
                                                                                         JUDGE
Digitally signed by
TULSA SINGH           ts
Date: 2022.04.28
18:43:55 IST