Sunil And Others vs State Of M.P

Heard on I.A.No.116/2020, second application for suspension of sentence through video conferencing.

The appellants have been convicted under Section 8 read with 18-C of NDPS Act and sentenced to undergo seven years RI with fine of Rs.50,000/-

each with default stipulation, vide judgment dated 22.7.2019 passed by Special Judge (NDPS Act), Jawad, District Neemuch in Special

S.T.No.36/2017.

It is submitted that learned trial Court has wrongly convicted the appellants. The learned trial Court has not properly appreciated the evidence. The

appellant No.1 Sunil and appellant No.2 Murli were in custody since 10.11.2011 to 28.9.2012 and appellant No.3 Shankar was in custody since

10.11.2011 to 1.10.2012 during trial. The appellants have undergone jail sentence about 22 months. Due to their jail incarceration the families are on

the verge of starvation. The disposal of appeal will take time, hence prayed for suspension of execution of jail sentence and release on bail on such

terms and conditions this Hon'ble Court deems fit and proper.

The prayer is opposed by the learned Panel Lawyer.

At this stage, on instructions learned counsel for the appellants submit that the appellants have done introspection in the wake of social and economic

crisis due to Covid-19 Pandemic in the country volunteers to deposit a sum of Rs.1,50,000/- (Rs.One lakh fifty thousand only) each in the office

of Jila Bal Sanrakshan Samiti, Neemuch (Account No.031854494225 State Bank of India IFSC Code SBIN0030055) for the purpose of providing

basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in

orphanage in the city of Neemuch in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means

of livelihood during the pandemic Covid-19. However, the aforesaid deposit of amount may not influence the merits of the appeal but is only, for

enlargement of appellants on bail.

Taking into consideration that the appellants were on bail and they have not misused the liberty, the disposal of appeal will take time, subject to

depositing the fine amount, the application is allowed. It is directed that the jail sentence of the appellants shall remain suspended and they be released

on bail on each of them furnishing a personal bond in the sum of Rs.3,00,000/- (Rs.Three Lakhs only) with separate solvent sureties in the like

amount to the satisfaction of the trial Court. The appellants are directed to appear before the Registry of this Court on 5.8.2020 and on other

subsequent dates as may be fixed in this behalf. The appellants are further directed to mark their presence before the trial Court on every 2nd and 4th

Saturday of every month between 10.00 AM to 12.00 Noon during pendency of appeal on the following stringent conditions :-

(i) the appellants shall deposit a sum of Rs.1,50,000/-(Rs.One Lakh fifty thousand only) each in the office of Jila Bal Sanrakshan Samiti, Neemuch for the purpose

of providing basic amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes or orphans living in

orphanage in the city of Neemuch in dire need of such amenities/facilities and such old age homes and also to such persons who have lost their means of livelihood

during the pandemic Covid-19 and the same shall have no bearing on merits of the trial but for enlargement of the appellants on bail and obtain a receipt.

(ii) the Collector, Neemuch is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Neemuch is also directed

to maintain a separate account (for production of the record as and when directed for).

(iii) the appellants shall submit an attested photocopy of the receipt before the Principal Registrar of this Bench, for placing the same on record of this case. The

Principal Registrar shall produce the same as and when required by this Court in the form of PUD.

(iv) the appellants shall furnish a written undertaking with his complete residential details that they 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 time-to-time in the matter of maintaining social distancing,

physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(v) the appellants shall install Aarogya App (if not already installed) in their mobile phone;

(vi) the appellants shall not tamper with the evidence in any whatsoever manner or induce or threat any person acquainted with the facts of the case;

(vii) the appellants shall co-operate during appeal and will not seek unnecessary adjournments during appeal;

(viii) the appellants shall not leave India or the area without previous permission of the trial Court/Investing Officer, as the case may be;

(ix) the concerned jail authorities are directed that before releasing the appellants, the medical examination of the appellants 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. If not, the appellants shall be released on bail in terms of the conditions imposed in this order and shall also be given pass or

permit for movement to reach their place of residence;

(x) violation of conditions, State is free to apply for cancellation of bail.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned trial Court for information and

necessary action.

Registry is directed to send an e-copy of this order to the Court concerned for necessary compliance.

It is made clear that this e-copy order be treated as Certified copy in terms of the advisories issued by the High Court from time-to-time.

Accordingly, the IA stands disposed of.

C.c.as per rules.