Pawan Kashyap vs The State Of Madhya Pradesh
2022 Latest Caselaw 8030 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT GWALIOR
                             CRA No. 7615 of 2021
                    (PAWAN KASHYAP Vs THE STATE OF MADHYA PRADESH)

Dated : 17-06-2022
         Shri Sushil Goswami, learned counsel for the appellant.

         Shri Ramadhar Chaubey, learned Public Prosecutor for the respondent-

State.

Heard o n I.A.No.7672/2022, third repeat application under section 389(1) Cr.P.C., seeking suspension of sentence and grant of bail filed on behalf of the appellant. His first application (IA.33175/2021) was dismissed as

withdrawn vide order dated 30.12.2021 with liberty to revive prayer after three months whereas his second repeat application (IA.4881/2022) was dismissed as withdrawn with liberty to revive his prayer after eight weeks.

Appellant has been convicted under Section 18(C) of NDPS Act and sentenced to suffer RI for four years with a fine of Rs.5,000/- with default stipulation vide judgment of conviction and order of sentence dated 04.12.2021 passed in Special Case (NDPS) No.04/2018 by the Special Judge (NDPS) Act, Datia (M.P.).

As per prosecution story, 12 gm smack has been recovered from the

possession of the appellant. Accordingly, case has been registered against him. After investigation, charge-sheet was filed. The learned Special Judge after critical evaluation of the evidence on record has convicted and sentenced the appellant as referred above.

Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the case. Fine amount has already been deposited. It is submitted that appellant has remained in custody for 71 days during trial

and thereafter from the date of judgment i.e. 04.12.2021. During trial, he was on bail and did not misuse the liberty granted to him. Appellant is a young person of 34 years' of age. Due to long jail incarceration, his family is in penury. Moreso, due to covid-19 pandemic, final disposal of the appeal is likely to take time. Under such circumstances, learned counsel for the appellant prays that execution of the jail sentence of appellant may b e suspended and he may be enlarged on bail.

Per contra, learned Public Prosecutor opposes the bail application with submission that the appellant has been found in conscious possession of more than the minimum quantity and thus prayed for rejection of present application

for suspension of sentence and grant of bail.

Upon perusal of the submissions advanced by learned counsel for the parties and looking to the fact that the appellant was on bail during trial and he did not misuse the liberty granted to him; appellant has remained in custody for 71 days during trial and thereafter from the date of judgment i.e. 04.12.2021; fine amount has been deposited and in view of the liberty extended twice to the appellant to revive his prayer for grant of bail after three months and eight weeks respectively while dismissing the earlier applications as withdrawn, but without commenting upon the merits of the case, this Court is of the view that the application deserves to be and is hereby allowed. 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 of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety 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 20/7/2022, and on further

dates as may be directed by the Registry in that regard, with following further conditions:

(i) 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);

(ii) The concerned Jail Authorities are directed that before releasing appellant, his medical examination be conducted through the jail doctor and if it is prima facie found that they are having any symptoms of COVID-19, then the consequential follow up action including the isolation/quarantine or any further test required be undertaken immediately.

(iii) On violation of the conditions, State is free to apply for cancellation of bail.

Accordingly, I.A.No.7672/2022 stands allowed and disposed of. Certified copy as per rules.

(ROHIT ARYA) JUDGE

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PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR,

DHARKA postalCode=474001, st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff5661c 113046ab7ebb8031c36dcac4472c040a, pseudonym=22FE9CB9F7CF0345E7FFAC9031 E38DF6A29B4C10,

R serialNumber=C72B9531562BC6028F5D6E42E 82477C85878470B30E4A7672CCA523E83C0BC B9, cn=PAWAN DHARKAR Date: 2022.06.17 19:35:30 +05'30'