Rohit Arya, J
Heard on I.A.No.27489/2021, an application for suspension of sentence on behalf of the appellant No.1 â€" Mangilal.
The appellant has been convicted under Section 8/15 (Ga) of NDPS Act and sentenced to undergo ten years RI with fine of Rs.1,00,000/- and under
Section 8/15(Kha) of NDPS Act and sentenced to undergo ten years RI with fine of Rs.1,00,000/- with default stipulation, vide judgment dated
13.10.2017 passed by Addl.Sessions Judge (Special Judge), Jaora, District Ratlam in Special S.T.No.6/2015.
It is submitted that learned trial Court has wrongly convicted the appellant. The learned trial Court has not properly appreciated the evidence. The
appellant No.1 - Mangilal was in jail during trial since 9.5.2015 to 11.5.2015 and 11.5.2015 to 13.10.2017 (888 days) and from the date of judgment i.e.
13.10.2017 till date. The appellants have undergone the jail sentence for more than five years out of total imprisonment of ten years. Looking to the
Covid-19 situation, the disposal of appeal will take time, hence prayed for suspension of execution of jail sentence.
The prayer is opposed by the learned Govt.Advocate.
At this stage, Shri Ojha, learned counsel for the appellant, on instructions graciously and voluntarily submits that looking to grave critical social
economic condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage, the appellants No.2 and 3 are prepared
to deposit a sum of Rs.1,00,000/- (Rs.One Lac only) in the office of Jila Bal Sanrakshan Samiti, Ratlam (Account No.31863593860 State Bank of
India IFSC code SBIN0030437) 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, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city of Ratlam in dire need of such
amenities/facilities.
However, the aforesaid deposit of amount may not influence the pending trial but is only, for enlargement of appellant on bail.
Taking into consideration that the appellant has served the jail sentence for more than five years, the jail sentence of co-accused Ishwarlal and Sanjay
has been suspended by this Court, the disposal of appeal will take time, the application is allowed. It is directed that the jail sentence of the appellant
shall remain suspended and he be released on bail subject to depositing the fine amount and on furnishing a personal bond in the sum of Rs.1,00,000/-
(Rs.One Lac only) with solvent surety in the like amount to the satisfaction of the trial Court. The appellant No.1 is directed to appear before the
Registry of this Court on 20.12.2021 and on other subsequent dates as may be fixed in this behalf with following further conditions:-
(i) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant 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 appellant 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;
(ii) the appellant shall prepare a demand draft for Rs.1,00,000/- (Rs.One Lac only) in the office of Jila Bal Sanrakshan Samiti, Ratlam (Account
No.31863593860 State Bank of India IFSC code SBIN0030437) to be utilized 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, vidhwas living in Vidhwa Aashrams and orphans living in orphanage
in the city of Ratlam in dire need of such amenities/facilities and the amount so deposited shall have no bearing or relevance on the pending trial to the
prejudice of the appellants;
(ii)(a) the appellant shall submit the original demand drafts alongwith copy of the order passed today through their counsel before the Principal
Registrar of this Bench, for keeping the same in his safe custody;
(ii)(b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft
to the concerned authority in that behalf.
(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in
relation to the present case.
(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Ratlam is also
directed to maintain a separate account (for production of the record as and when directed for).
(iv) violation of conditions, State is free to apply for cancellation of bail.
Accordingly, the IA stands disposed of.
C.c.as per rules.
