Arjundas Bairag vs State Of Madhya Pradesh

Vishnu Pratap Singh Chauhan, J

Heard on I.A. No.637/2020, which is an application for taking additional documents on record.

Appellants wants to file the certified copy of the orders dated 23.11.2019 and 06.12.2019.

I.A. is allowed. The documents are taken on record.

Heard on this fifth application i.e. I.A. No.11405/2020 under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and

grant of bail to the appellant-Arjundas Bairagi.

First three applications were dismissed by this Court. In fourth application, the appellant was temporarily released on bail and his jail sentence was

suspended on the ground of his daughter's marriage. The appellant again surrendered before the trial Court and presently he is undergoing awarded

sentence.

The appellant stands convicted for the offence punishable under Section 8 read with Section 20(ii)(c) of NDPS Act and sentenced to undergo R.I. for

6 years along with fine of Rs.12,000/- with default stipulation. Being aggrieved by that conviction and sentence, the appellant has filed this appeal.

Learned counsel for the appellant submits that the appellant has already undergone the approximately half substantial part of the awarded sentence

and this appeal will take considerable time for its disposal, therefore, it is prayed that custodial awarded sentence of the appellant may be suspended

and he be released on bail.

Learned Panel Lawyer for the respondent-State opposed the Having heard learned counsel for the parties and perused the records. Considering the

quantum of sentence and also considering the period of sentence already undergone by the appellant, this Court is now inclined to suspend further

custodial awarded sentence of the appellant. Hence, I.A. No.11405/2020 is hereby allowed.

It is directed that on depositing the fine amount, if not already deposited, and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 25/01/2021

and all other subsequent dates as may be fixed by the concerned Court in this regard till final disposal of this appeal, the remaining part of the

substantive jail sentence imposed upon the appellant shall stand suspended and he shall be released on bail.

It is further directed that if the appellant is found indulged in any criminal activity during suspension of his jail sentence, the bail granted in this case

shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the appellant.

List the matter for final hearing in due course.

Certified copy as per rules.