Madhya Pradesh High Court
Padamsingh vs The State Of Madhya Pradesh on 6 September, 2021
Author: Rohit Arya
Bench: Rohit Arya
1 CRA-891-2015
The High Court Of Madhya Pradesh
CRA-891-2015
(PADAMSINGH Vs THE STATE OF MADHYA PRADESH)
32
Indore, Dated : 06-09-2021
Shri Abhay Saraswat, learned counsel for the appellant.
Shri Sudhanshu Vyas, learned Panel lawyer for the respondent-State.
Heard through Video Conferencing.
Heard on I.A.No.6884/2021, sixth 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 8/15 (c) of NDPS Act and sentenced to suffer 10 years RI with fine of Rs.1,00,000/- with default stipulation vide judgment dated 12/06/2015 passed by Additional Sessions Judge (NDPS), Mandsaur in Special S.T. No.32/2008.
In terms of para 36 of the judgment, date of incident is 27/06/2002 and on the same day, appellant was arrested. He was granted temporary bail on 16/11/2002 for 15 days and was suppose to surrender on 31/11/2002, but he remained absconded. On 30/05/2003, appellant was declared absconder by the Court below and permanent arrest warrant was issued against him. Thereafter, he was arrested on 14/12/2012, since then appellant is in custody.
Learned counsel for the appellants submits that appellant is innocent and has been falsely implicated in the case. Appellant has suffered jail incarceration for about 09 years and 06 months after conviction whereas, total sentence is 10 years. Fine amount has already been deposited. Due to the Covid-19 pandemic, final disposal of the appeal shall take time. On these grounds, learned counsel prays that execution of the jail sentence of the appellant may be suspended and they may be enlarged on bail.
Per contra , learned Panel Lawyer opposes the bail application and prayed for its rejection.
Considering the facts and circumstances of the case and submission of 2 CRA-891-2015 learned counsel for the parties but, without expressing any opinion on merits o f the case, 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.1,00,000/- (Rupees One Lakhs 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 15/11/2021, and on further dates as may be directed by the Registry in that regard, with following further conditions:
(i) 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);
(ii) the concerned jail authorities are directed that before releasing the appellants, 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 including the isolation/quarantine or any further test required be undertaken immediately.
I.A. stands disposed of.
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 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, CHATUR ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, VEDI 2.5.4.20=df59fbf0f5c7485addc8affe3 edf20e67d11d7f91045d81139f6792f bd4ae91f, cn=VARSHA CHATURVEDI Date: 2021.09.07 18:04:40 +05'30' 3 CRA-891-2015