Krashna Prasad vs Union Of India Ministry Of Home ...
2022 Latest Caselaw 1881 MP

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                                                                                   CRA No.1387/2016

              High Court of Madhya Pradesh, Jabalpur
                          Bench at Indore
            Criminal Appeal No.1387/2016
Indore, Dated 10.02.2022
        Hearing through Video Conferencing.

        Shri Amit Raj, learned counsel for appellant Krishna Prasad

s/o Chandra Raut.

        Shri Manoj Soni, learned counsel for the respondent /

Narcotics Control Bureau.

Although the matter is fixed for final hearing, but due to

paucity of time, final hearing of the appeal is not possible.

Heard on IA No.17499/2021, a repeat (second) application

under Section 389 (1) of the Code of Criminal Procedure, 1973 for

suspension of jail sentence and grant of bail filed on behalf of

appellant Krishna Prasad s/o Chandra Rawat.

The present appellant has been convicted and sentenced by

learned Special Judge (under NDPS Act), Dewas, District Dewas

(MP) in Special Sessions Trial No.01/2013 vide judgment dated 22 nd

July, 2016, as under: -

                 Conviction                              Sentence
    Section           Act       RI       Fine amount        Imprisonment in lieu of fine
    8 (C) r/w      NDPS Act   10 years   Rs.1,00,000/-              2 years RI
   20 (b) (ii)
   (C) r/w 29

As per the prosecution case, the appellant was found in

possession of 4.5 kilograms of cannabis (pjl), commercial quantity

CRA No.1387/2016

of which is 2.5 kilograms.

Learned counsel for the appellant has submitted that the

appellant has already completed nine years and two months out of

total ten years' sentence awarded to him and the Supreme Court,

recently in the case of Mossa Koya KP v. State (NCT of Delhi)

reported as 2021 SCC OnLine SC 3110 has allowed the application

for suspension of jail sentence, wherein the appellant had already

undergone 8 years and 2 months of incarceration (a copy of which is

also placed on record).

Counsel has also submitted that the appellant is a man of no

means and earlier, his appeal was preferred through Legal Aid only

and it only recently that he has been engaged. Thus, it is submitted

that because the appellant is lodged in jail since a long time, it is not

possible for him to deposit the entire fine amount of Rs.1,00,000/- at

one go, hence, some breathing space may be granted to him to

deposit the fine amount.

Counsel for the respondent / Narcotics Control Bureau has

opposed the prayer. However, it is not denied that the appellant has

completed more than nine years' of incarceration.

On due consideration of the submissions and on perusal of the

record as also the decision / order passed by the Supreme Court in

the case of Mossa Koya KP v. State (NCT of Delhi) (supra), this

Court is inclined to allow the present application.

CRA No.1387/2016

Accordingly, without expressing any opinion on merits of the

case, IA No.17499/2021 is allowed, subject to his depositing 50% of

the fine amount i.e., Rs.50,000/- beforehand, and on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees one lakh only)

with a local solvent surety in the like amount to the satisfaction of

the learned trial Court, for his / her regular appearance before

concerned trial Court. The execution of the custodial part of the

sentence imposed against the appellant (s) shall remain suspended,

till the final disposal of this appeal.

So far as the remaining amount of fine is concerned, i.e.,

Rs.50,000/- (rupees fifty thousand), it shall be deposited by him

within a further period of two months from the date of his

release. In case of non-compliance, this order shall stand stand

canceled without reference to the court and the appellant shall

surrender and be made to suffer the remaining jail sentence awarded

to him.

The appellant (s), after being enlarged on bail, shall mark his /

her presence before the concerned trial Court on 11.05.2022 and on

all such subsequent dates, as may be fixed by the concerned Court in

this regard.

It is made clear that after being released on bail, if the

appellant again indulges himself / herself in any criminal activity, the

present bail order shall stand cancelled without further reference to

CRA No.1387/2016

the Court and the police shall be entitled to arrest the appellant in the

present case also.

It is also observed that this order shall not be treated as

precedence.

C. c. as per rules.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.11 18:12:33 +05'30'