Vajid Sayyad vs Union Of India C.B.N.Neemuch
2021 Latest Caselaw 4093 MP

                                                                               1                               CRA-1258-2016
                                                    The High Court Of Madhya Pradesh
                                                               CRA-1258-2016
                                                              (VAJID SAYYAD Vs UNION OF INDIA C.B.N.NEEMUCH)

                                            30
                                            Indore, Dated : 09-08-2021
                                                  Heard through Video Conferencing.
                                                  Mr Himanshu Thakur, learned counsel for the appellant .
                                                  Mr Manoj Kumar Soni, learned counsel for the Respondent .

Heard on I.A. No.16084/2021, which is an application for suspension of custodial sentence filed by the appellant - Vajid Sayyad .

The appellant has been convicted for offence u/s 9(A) read with section 25(A) of NDPS Act and sentenced to undergo seven years RI with fine and usual default stipulation by learned Special Judge, (NDPS Act) Neemuch vide judgment dated 11/08/2016.

As per prosecution story, on 18/08/2013, Narcotic cell received information about transportation of large quantity of aceticanhydride from the Tavera Car registration no. RJ-09-TA-0861. The police intercepted the vehicle and found the alleged contraband in the vehicle. Three persons were also found in the vehicle, who disclosed their name as Kishannath, Wazid

and present applicant Shahid. On their disclosure, Kailashchandra was also made accused, but he has been acquitted from the charges.

Learned counsel for the appellant submits that the appellant is in jail more than five years. The appeal is likely to take considerable time for its final hearing He, therefore, prayed that his custodial sentence be suspended and he be released on bail.

On the other hand, the learned Panel Advocate appearing for the respondent/State prays for rejection of the application and submitted that Narcotic Cell received discreet information about transportation of large quantity of contraband by three persons, which includes the name of the present appellant, therefore, he was actively participating in commission of Signature Not VerifiedDigitally signed by SAN RASHMI the alleged offence.

                      PRASHANT
                      Date: 2021.08.10
                      13:37:12 IST
                                                                                     2                              CRA-1258-2016

Taking into consideration the period of custody of the present appellant i.e. five years, out of seven years; there is no minimum sentence and there is no likelihood of final hearing of this appeal in near future, I find it is to be a fit case to suspend the custodial sentence of appellant Vajid Sayyad.

Accordingly, I.A. No.16084/2021 is allowed and it is directed that

subject to deposit of fine amount, if already not deposited, with the trial Court and on furnishing personal bond by the appellant in the sum of Rs.1,00,000/- ( Rs. One Lac Only) with one solvent surety in the like amount to the satisfaction of learned trial Court for his appearance before the Registry of this Court, the execution of custodial part of the sentence of appellant- Vajid Sayyad shall remain suspended till final disposal of this appeal.

The appellant after being enlarged on bail he shall mark his presence before the Registry of this Court on 11/01/2022 and on all such subsequent dates, which are fixed in this behalf.

List for final hearing in due course.

(VIVEK RUSIA) JUDGE

rashmi

Signature Not Verified VerifiedDigitally Digitally signed by SAN RASHMI PRASHANT Date: 2021.08.10 13:37:12 IST