Madhya Pradesh High Court
Dev Ashish Jana vs The State Of Madhya Pradesh on 4 November, 2016
CRR-2736-2016
(DEV ASHISH JANA Vs THE STATE OF MADHYA PRADESH)
04-11-2016
Shri Aniruddh K. Mishra, learned counsel for the applicant.
Shri Y. D. Yadav, learned Panel Lawyer for the
respondent/State.
Heard on admission.
Having perused the impugned judgment and the memo of revision, I find this revision being arguable. Hence, it is admitted for final hearing.
Learned Panel Lawyer has taken notice of admission of this revision on behalf of the respondent/ State. Hence, no further notice is required to be sent to it.
Heard on I.A. No.21231/2016, which is the first application under Section 397(1) of the Cr.P.C. moved on behalf of the applicant for suspension of sentence and grant of bail to him during the pendency of this revision.
Vide the impugned judgment dated 6.10.2016 passed by the Special Judge Bhopal under the Narcotic Drugs and Psychotropic Substances Act 1985 (for short, "the Act") in Criminal Appeal No.799/2015 titled Dev Ashish Jana Vs. State of M.P. through Police Station Kamla Nagar, Bhopal, the sole applicant stands convicted under Section 8 r.w. 21 of the Act and sentenced thereunder to suffer RI for six months with a fine of Rs.5000/-, with default stipulation. Learned counsel for the applicant submits that the applicant remained on bail during trial of the case and also pendency of the appeal. However, he has been undergoing the jail sentence since 6.10.2016, the date of the impugned judgment. He submits that the applicant had already deposited the fine amount as imposed. He submits that this revision is of the year 2016 and there is no likelihood of this revision being listed for final hearing in recent future. He submits that looking to the quantum of remaining jail sentence, this revision becomes infructuous in case the applicant would have suffered the same before this revision being decided on merits. He submits that the applicant has a good case on merits. Upon these submissions, he prays to allow the I.A. Learned Panel Lawyer opposes the prayer. Considering the above facts and circumstances of the case, the submissions raised on behalf of the parties by their counsel and the short term of jail sentence, but without commenting on merits of the case, I am of the view that is a fit case for suspension of jail sentence and grant of bail to the applicant, therefore, the IA is allowed. The execution of remaining jail sentence of applicant Dev Ashish Jana is hereby suspended and it is ordered that he shall be released on bail upon his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousands only) with one solvent surety of the same amount to the satisfaction of the trial court, subject to depositing of fine amount, if any. On being released on bail the applicant shall appear before the Registry of this Court to mark his presence first time on 16.2.2017 and thereafter on all such other dates as may be fixed by it in this regard until further orders of this Court. Records of both the courts below be called for. List the case with record for final hearing in due course. Certified copy as per rules.
(RAJENDRA MAHAJAN) JUDGE ps