Dharmendra Mehara vs State Of Madhya Pradesh

Heard on this second application i.e. I.A. No.8369/2020 under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant-Dharmendra Mehra.

His first application was dismissed as withdrawn vide order dated 05.06.2020.

T h e appellant stands convicted for the offence punishable under Section 8/20(b)(ii)(B) of N.D.P.S. Act and sentenced to undergo R.I. for 4 years along with fine of Rs.20,000/-, with default stipulation. Being aggrieved by that conviction and sentence, the appellant has filed this appeal.

Learned counsel for the appellant submits that appellant remained in jail for more than 5 months during trial. Thereafter, he was released on bail. Trial was concluded within 8 years, till than appellant was on bail. From the date of judgment i.e. 16.01.2020, he is undergoing the awarded sentence, thus, in this way he has completed more than 1 year sentence, therefore, it has been prayed that jail sentence of the appellant may be suspended.

Learned Panel Lawyer for the State, on the other hand, opposes the application.

Heard learned counsel for the parties and perused the documents. Considering the substantial part of the sentence already undergone by the appellant as also looking to wide spread of Covid-19 pandemic, this Court is inclined to suspend further custodial awarded sentence of the appellant. Hence, I.A. No.8069/2020 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 01.10.2020 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 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.