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2013 DIGILAW 1189 (MP)

Anil Singh@Abbu Seth v. State of M. P.

2013-10-01

U.C.MAHESHWARI

body2013
JUDGMENT U.C. Maheshwari, J. 1. Heard on IA No. 15128/12, second repeat application on behalf of appellant no. 2, Ravindra Singh for suspension of his remaining jail sentence and grant of bail as he has been convicted and sentenced under Section 29, r/w Section 8C and r/w Section 20(b)(ii)(C) and 8C, r/w Section 20(ii-C) of the N.D.P.S. Act 1985 for ten years RI with fine of Rs. 1 lac and in default of depositing the fine amount further 30 months RI. His earlier application filed in this regard was dismissed as withdrawn, vide order dated 13.5.2010 and the present repeat application is preferred mainly on the ground of parity as subsequent to aforesaid dismissal, the appellant no. 1 Anil Singh @ Abbu Seth has been directed to be released on bail after suspending his remaining jail sentence by the Coordinate Bench of this court, vide order dated 18.5.2012. Such appellant no. 1, Anil Singh @ Abbu Seth was released on bail by the Coordinate Bench taking into consideration the ground of parity because on some earlier occasion, the co-accused Mahendra Reddy in his different appeal was directed to be released on bail after suspending the remaining jail sentence. 2. The appellants' counsel after taking me through the impugned judgment along with the record of the trial court said that there is no distinguishable case against the appellant no. 2 in comparison of the appellant no. 1, he also said that since 3.12.2006 from the date of his arrest he remained in judicial custody till passing the impugned judgment on 31st August 2009 and since then he is facing the awarded jail sentence and in such premises, he has suffered more than six years and ten months. He also pointed some deficiency in the case of the prosecution and prayed to allow the application on three different grounds, firstly on the ground of parity, secondly taking into consideration the aforesaid period suffered by this appellant in jail and thirdly on merits also. 3. The aforesaid prayer is seriously opposed by the State's Counsel saying that looking to the nature of the evidence and the quantity of the seized substance and the manner in which this appellant had assisted to the other co-convicted accused in committing the offence, he does not deserve for suspension of remaining jail sentence. 3. The aforesaid prayer is seriously opposed by the State's Counsel saying that looking to the nature of the evidence and the quantity of the seized substance and the manner in which this appellant had assisted to the other co-convicted accused in committing the offence, he does not deserve for suspension of remaining jail sentence. However he fairly conceded that as per available record the case of this appellant no. 2 is not distinguishable from the case of the appellant no. 1, who has already been released on bail after suspending his jail sentence and prayed for dismissal of this I.A. 4. Having heard the counsel at length after perusing the record alongwith the impugned judgment, so also the aforesaid earlier order of the Coordinate Bench of this court suspending the remaining jail sentence of appellant no. 1, taking into consideration the principle of parity, so also keeping in view the aforesaid period suffered by the appellant no. 2 in jail out of the awarded jail sentence, in the available circumstances, without expressing any opinion on merits of the case, the IA is allowed and subject to verification of depositing the fine amount, the remaining jail sentence of the appellant no. 2 is hereby suspended. 5. It is further directed that on furnishing a personal bond of Rs. 2 lacs (Rs. two lacs) alongwith two different sureties, each of one lac to the satisfaction of the trial court the appellant no. 2, Ravindra Singh shall be released on bail with a further direction to appear in the Registry of this court firstly on dated 18.12.2013 and also on such other dates as are fixed by the Registry in this regard till disposal of this appeal.